Editor's Review

  • PLO claims the report does not meet the threshold for constitutional change.
  • The legal expert believes it is a political project. 

Constitutional lawyer PLO Lumumba is the latest legal expert to poke holes into the BBI report.

According to Lumumba, the report was poorly written, something tied to the committee of experts tasked with bringing the document to life.  

On Monday, Lumumba noted that individuals who handled the report were not qualified; hence the report does not meet the constitutional threshold to effect change. 

"How was the committee constituted? These were individuals who were handpicked by President Uhuru Kenyatta and Raila Odinga, there are beholding to them. They are not like members of the committee of experts who were competitively appointed...and most of them actually are not experts in constitutional writing," said Lumumba. 

Lumumba, who served on the 2010 constitution committee of experts, stated that the document is a political project hence does represent the will of Kenyans.  

"The BBI committee actual received memoranda from 93 institutions, seven community groups and 338 memoranda only. They, therefore, claim that those individuals represented millions," he added.  

According to PLO, the lack of adequate representation is evident with the ongoing wrangles over an alleged doctoring of the original report.  

"The spat that is now emerging where one of the members Major Saii is saying the document was doctored speaks to what we are saying, that indeed this document does not represent the will of the people of Kenya, it is a political document," Lumumba added. 

He further urged both President Uhuru and Raila Odinga to allow amendment of the document to harbor the views of all Kenyans.  

This is after Odinga noted that the document should go into referendum under the current form.  

The have been calls to eliminate the provision ion establishment of the office of the Ombudsman as it will undermine the independence of the judiciary.