Kenyans will amend the constitution even when MPs are opposed to their wishes, if the proposed draft is adopted.

Besides the normal methods of amending the Constitution called amendment by parliamentary initiative, the draft provides for ‘amendment by popular initiative’.

Issues for which this kind of provision might be of immediate use to the public include the taxation of MPs.

If adopted, the new law will end the reign of MPs who make laws, but are exempt from some of the legislations they make.

It would make it possible for a popular initiative rejected by MPs to be subjected to a referendum, after which it automatically becomes law if supported by a majority.

The Harmonised Draft Constitution proposed by the Committee of Experts says an amendment to the Constitution can be introduced by a "popular initiative signed by at least one million registered voters".

Such popular initiative for an amendment may be in the form of a general suggestion or a formulated draft Bill.

It will be the responsibility of the promoters of the popular initiative to formulate it into a draft Bill.

"The promoters of a popular initiative shall forward the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters," says Section 308 (4).

The commission, if it is satisfied, would submit the draft Bill to each county assembly for consideration for not more than three months after it is submitted to the commission.

When the county assemblies approve a draft Bill, the Chief Executive of that assembly will submit a copy of that draft to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.

For Parliament to proceed with the Bill, it should have been approved by a majority of counties.

After the Bill is passed by Parliament, it would be submitted to the President for ratifications.

In case Parliament fails to pass the Bill, it would be submitted to the people in a referendum.

The results of the referendum would not be valid if at least 21 per cent of the voters in a majority of the regions have cast their votes and a majority of more than half of the regions has voted in favour.

When an amendment is being made in the usual manner by Parliament, the draft says it should be publicised and the public given a chance to participate in discussing it.

Parliament will need a two-thirds majority to pass a Bill to amend the Constitution. In the current Constitution, there is no provision allowing the public to amend the law without passing through MPs.

|   |    |   Add Comment |    Comments (0)