According to documents seen by Tmz.co.ke on Tuesday, July 15, ODM Minority Whip Junet Mohammed, Rarieda MP Otiende Amollo and Homa Bay Town MP Peter Kaluma were appointed to the committee.
The appointments are critical to ensure that the Building Bridges Initiative (BBI) report spearheaded by ODM leader Raila Odinga is implemented through Parliament.
ODM had rejected Jubilee’s list of proposed members of the committee due to the inclusion of members who were opposed to the BBI.
“We were ready with our list to effect the changes, but when we looked at the proposed names to serve in the JLAC and Delegated committees, the two committees that will be processing the BBI report in the house, we realised they included some people who have strongly been opposing the BBI,” Mbadi told journalists on July 2.
The Justice and Legal Affairs Committee will now undertake to elect its chair and the three are top contenders.
The most notable opponent of the BBI who was appointed to the committee is Dagoretti South MP John Kiarie.
Constitutional lawyer Ahmednasir Abduallahi opined that Parliament would become the theatre where the reforms envisioned in the BBI report would be considered.
“Zero chance of BBI campaigns/ referendum with this raging and out of control Covid-19 crisis. Parliament will be the theatre of operations in any constitutional amendments.
“The High Court will be the supervisor, meaning the Basic Structure Doctrine will be in play,” he posted on Twitter.
The basic structure doctrine is an Indian judicial principle which stated that the Constitution has certain basic features that cannot be altered through amendments in Parliament.
Whereas the Constitution empowers Parliament to make laws within their respective jurisdiction, they shouldn’t interfere with aspects such as the Bill of Rights.