Stages that Bill must go through

Kwale Nominated Senator Dr Agnes Zani together with Senator Juma Boy register in support of the Okoa Kenya referendum push at Ukunda Trading centre on September 22, 2014. The list of signatures will be handed over to the electoral agency for verification. FILE PHOTO | LABAN WALLOGA |

What you need to know:

  • County assemblies will be required to either approve or reject it.

The presentation of the Constitution of Kenya 2010 (Amendment) Bill, 2015 by Cord principals is expected to usher in a series of political and constitutional activities as per the provisions of Article 257 of the Constitution.

Cord will have to submit it along with the one million signatures to the Independent Electoral and Boundaries Commission (IEBC).

The commission’s work is to verify the signatures if indeed they are of duly registered voters. Cord had said that it had more than a million signatures of registered voters who support the initiative.

Once the IEBC is satisfied that Cord has met the requirements of Article 257 of the Constitution, the commission will deliver the Bill to the 47 county assemblies. The assemblies will be required to either approve or reject it.

A confidential document titled People’s Power prepared by State House political advisers of September 2014 was betting on the Members of the County Assemblies (MCAs) to scuttle Cord’s referendum drive.

Though Cord has more governors (24) to Jubilee’s 23, the government coalition controls most of the county assemblies.

In the confidential document Jubilee was calculating that Cord can only receive the support of 21 county assemblies which will deprive them of the minimum 24 required for the Bill to move to the next stage.

But in case Cord manages to convince majority of the county assemblies, the Bill will be presented to both houses of Parliament.

At this stage, the Bill will only require a majority support to sail through. However, Cord once again is beset by the parliamentary numbers which are in favour of Jubilee.

But in case both the Senate and the National Assembly approve the Bill it will be forwarded to President Uhuru Kenyatta for assent without necessarily taking to a referendum.

However, avoiding a referendum is only possible where the proposals in the Bill do not touch on supremacy of the Constitution, territory of Kenya, the sovereignty of the people and the national values and principles of governance in Article 10 of the Constitution.

A referendum is also mandatory if the proposals aim at amending the Bill of Rights, president’s term limits, independence of the judiciary, constitutional commissions and independent offices, functions of Parliament, objects, principles and structure of devolved government and provisions of Chapter 16 of the Constitution.

In such instances, the President is by law required to forward a Bill, or proposal that requires a referendum to the IEBC to formulate the referendum question and conduct the referendum within 90 days.