Cases could slow Okoa Kenya bid for signatures
Cord leader Raila Odinga (centre) with MPs and supporters at Kadika SDA church in Migori County at the launch of the signature collection drive for the referendum, on Saturday. Court cases are the latest obstacles that the Okoa Kenya Movement has to overcome in the quest to collect a million signatures from the public in support of the referendum. FILE PHOTO |
What you need to know:
- He contends that under Article 257(4) of the Constitution, the existence of a draft Bill is a condition precedent for soliciting and procurement of at least one million registered voters to support a popular initiative to amend the supreme law.
- The MP also wants the Independent Electoral and Boundaries Commission (IEBC) prohibited from receiving any draft Bill and signatures from the Okoa team until the case was heard and determined.
Court cases are the latest obstacles that the Okoa Kenya Movement has to overcome in the quest to collect a million signatures from the public in support of the referendum.
Currently, there are two separate suits filed at the High Court seeking orders that could slow down or collapse the momentum.
Okoa Kenya is comprises political parties allied to the Opposition, civil society groups and religious leaders.
Kieni MP Kanini Kega Wednesday filed a petition, through lawyer Kibe Mungai, stating that the movement had embarked on soliciting the signatures of at least one million voters pursuant to Article 257 of the Constitution, despite having not formulated their general suggestions into a draft Bill as required by the Constitution.
He contends that under Article 257(4) of the Constitution, the existence of a draft Bill is a condition precedent for soliciting and procurement of at least one million registered voters to support a popular initiative to amend the supreme law.
The Kieni MP also said that he had seen a document by the Okoa Kenya known as the Referendum Petition, which is the basis on which the movement, ODM, Wiper and Ford Kenya are soliciting and procuring for signatures.
The document, he said, did not detail the provisions of the Constitution that Okoa Kenya sought to amend, repeal or add.
The MP said that the petition was too vague and general to facilitate meaningful public participation and informed choices required under Articles 10, 35 and 38 of the Constitution.
Mr Mungai stated that under the law, the Constitution cannot be amended during the transitional period that lapses on August 27, 2015. On that basis, the initiative to amend the Constitution was null and void, he said.
Mr Kega is seeking orders restraining the Okoa team from collecting signatures until the case was determined.
The MP also wants the Independent Electoral and Boundaries Commission (IEBC) prohibited from receiving any draft Bill and signatures from the Okoa team until the case was heard and determined.
The other respondents are Commission for the Implementation of the Constitution, (CIC) and the Attorney-General.
