The Referendum Is Expensive?! Articles 255, 256 and 257 provide for the process of amending the Supreme Law and clearly provide that a referendum (peoples vote) will only be necessary if Parliament does not approve the bills that seek to change the Constitution which have been occasioned through POPULAR INITIATIVE (Article 257) having satisfied the provisions in Article 255. Article 255 (1) list amendments which affect core principles of the Constitution which MUST be enacted ONLY after a referendum. (a) the supremacy of this Constitution; (b) the territory of Kenya; (c) the sovereignty of the people; (d) the national values and principles of governance referred to in Article 10 (2) (a) to (d); (e) the Bill of Rights; (f) the term of office of the President; (g) the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies; (h) the functions of Parliament; (i) the objects, principles and structure of devolved government; or (j) the provisions of this Chapter. The current proposed amendments clearly do not infringe on any of these provisions, and therefore we will only have a referendum if either House of Parliament decides to play hardball, not CORD nor the Council of Governors. If both Houses approve the Bill(s) having 1 million signatures and having been passed by a majority of the County Assemblies, there will be no need for a referendum and therefore, no referendum expense. The big question that remains unanswered is if Parliament can amend a Popular Initiative bill before approving it (as some MPs have proposed that they will make certain presidential upper age limit provisions in Parliament). Another question which will ensue is if this presidential age limit amendment will cause an infringement on Article 255 (1) (f) above, which MUST be decided by a referendum. So, the tyranny of numbers will decide whether we have a referendum or not. Only those who have brainile dysfunction will engage in scarecrow tactics.
Posted on: Tue, 19 Aug 2014 07:48:19 +0000
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