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Bill should be voted section by section during referendum

 

The first stage of amending the 2010 Constitution through popular initiative has set in with the collection of the prerequisite one million signatures.

After collection of signatures, the Independent Electoral and Boundaries Commission will verify the signatures after which, it will submit the bill to all the 47 county assemblies -that is if signatures meet the requirements.

From there, the county assemblies will come in.

Kericho and Nandi county assemblies have jointly moved to the Supreme Court seeking advisory opinion on what the counties should handle during public participation.

In our opinion, the quagmire occurs in that the Constitution Amendment Bill that is done through popular initiative cannot be altered but then counties are required to carry out public participation.

What will we do with the proposals from members of the public? Legally, their views should be infused into the bill.

The other challenge counties are faced with is, the Constitution provides that constitutional amendment bills should be published for not less than three months maturity period.

When this bill lands in counties, should they be first published for three months? Assuming we pass this hurdle, how will the National Assembly and the Senate overcome this issue?

These are some of the legal lacunas about which we are seeking the advise of the apex court.

It is our argument that unlike the ordinary bills, this BBI bill is set to amend several sections of the 2010 Constitution and therefore each article, clause should have a yes and no options.

There are some proposed amendments that are good while others are bad .

The proposed changes are going to affect our ways of life and we should approach them carefully.

It cannot be by simple majority. We are not against the amendment of the Constitution. It is a right of every Kenyan to propose changes to the supreme law of the land anytime they wish as longest the prescribed procedure is followed.

Every law must be made for prosperity of Kenya and her people and not for political ends.

The will, decisions and wishes of the people of Kenya should be respected and I hope this will be the case when referendum eventually comes.

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