State should fulfill its obligations, but let’s anchor them in law

Allow me to continue discussion on the released Building Bridges Initiative (BBI) report, even as Kenyans internalize the proposals therein. Today I will debunk some theories that have so far been vigorously articulated by its opposers, while next week, I will analyse the challenges that those who support the BBI constitutional amendments will have to contend with.

Last week, I discussed the “imperial Presidency” and “capture of the judiciary” arguments. Today, I challenge three other positions. The first one sounds very inspired and makes a reasonably legitimate argument; we did not need the BBI for government to do all the things being provided in the report. The President could have ensured a more inclusive government and did not need a constitutionally founded expansion of the executive to ensure inclusion.