Editor's Review

  • Mutua believes the BBI with multiple answer options will not work in Kenya.
  • The country is expected to go in a referendum next year. 

Kenyan top legal scholar Prof. Makau Mutua has predicted doom for the BBI referendum bill. 

The constitution amended bill is expected to have multiple questions and Kenyans will share their views in a referendum slated for next year. 

Currently, The BBI Secretariat is collecting signatures needed to support a referendum. 

 However, Mutua believes the referendum will fail because Kenyans are not used to multiple questions polls. 

Through his Twitter account, Mutua stated that such a move is unrealistic in Kenyan society. 

“It’s unrealistic and cynical to demand the referendum be a 30-question constitutional law exam. Those asking for a grueling multiple-choice exam know it’s impossible to pull off in a country like Kenya. Even some lawyers — let alone Wanjiku — would miserably fail such an exam,” said Mutua. 

His sentiments come as Kenyans provide signatures to push the bill towards a referendum. The signature collection was launched last week by President Uhuru Kenyatta and ODM leader Raila Odinga. 

By Monday, November 30, the BBI secretariat stated it has collected about 1.5 million signatures in a day. 

The initiative recently received a major boost after Deputy President Willliam Ruto decided to back some clauses in the document. 

“I've CONSTITUTIONAL duty to assist my boss,the PRESIDENT.We've made IMPROVEMENTS to BBI post bomas. Now working on CONSENSUS for kenyans to have REAL CHOICES to decide/vote while avoiding yes/no,all/nothing DIVISION.We avoided lose-lose we can overcome win-lose to achieve WIN-WIN,” said Ruto while announcing his support for the initiative.

 Earlier, Ruto was emerging as a critic of the initiative.