Appointing the Prime Minister and Deputies, Ministers and Deputy Ministers from Parliament will compromise independence of the Legislature.
An Ex-official Ombudsman in the Judicial Service Commission (JSC) is intimidation of the Judiciary.
The Executive will have tamed the courts to do its bidding. It may be reason none of the current Supreme Court Judges has applied to succeed Justice Maraga.
Influence of the JSC
Fears the Executive may influence the JSC on the successor it can control. Expansion of the National Executive, restoring presidential powers.
And taming the Judiciary are the motivation for amending the Constitution through a referendum.
All the other proposed amendments don’t require a referendum and are utmost unnecessary. They can be implemented through policy, legislative, and administrative mechanisms.
Sweeteners in the Bill
They are sweeteners in the Bill to lure the MPs, MCAs and the electorate. In fact, the creation of Prime Minister doesn’t require any amendment.
We already have one in Dr. Matiang’i. The only difference is the new one will sit in Parliament. We already have Deputy Ministers in the form of Chief Administrative Secretaries (CAS).
The referendum is designed to regularise the existence of these positions.
The net effect of the Bill
The net effect of the BBI Bill is, – imperial Presidency is established; – independence of the Legislature is compromised.
An Executive Ombudsman is added to tame the Judiciary; and – ultimately, the cost of elective positions is multiplied at tax payers’ expense.
This is the reason BBI Bill promoters dwell on the sweeteners and hardly expound on areas that motivated the need for a referendum.