Clear confusion about law on referendum

What you need to know:

  • Of special concern should be proposals that seem aimed at stroking the egos and adding to the entitlements of political classes whose support is seen as vital to the referendum campaign.
  • Another area on which Kenyans need clarity is that in addition to the governors’ Pesa Mashinani initiative, there is a separate referendum campaign, Okoa Kenya, pushed by the opposition Cord alliance and also pandering to special interests.

The draft Constitutional Amendment Bill published to back the referendum quest by the Council of Governors should go a long way towards making clear to Kenyans exactly what they will be asked to vote on.

However, the large number of proposed amendments might only serve to add more confusion. The Pesa Mashinani campaign, by the very slogan, clearly had a focal point in the push to guarantee more money for county governments and also entrench constitutional protection for devolution.

The Bill now circulating indicates that Kenyans will be asked to vote for some constitutional amendments geared towards satisfying narrow special interests rather than protecting the principles of devolution.

SPECIAL CONCERN

Of special concern should be proposals that seem aimed at stroking the egos and adding to the entitlements of political classes whose support is seen as vital to the referendum campaign.

Another area on which Kenyans need clarity is that in addition to the governors’ Pesa Mashinani initiative, there is a separate referendum campaign, Okoa Kenya, pushed by the opposition Cord alliance and also pandering to special interests.

It should be self-evident that Kenyans cannot be subjected to two referendum votes within a short time. The Independent Electoral and Boundaries Commission will ultimately be in charge if the campaigns come to a vote. It should come out early enough with clarification on whether the separate campaigns will ultimately result in one poll.

There is also a need for clarity on how the vote will be conducted. A referendum is usually a simple Yes or No vote. It is unclear how that would work in a situation where there are multiple referendum questions