Building blocks of the Constitution need more time before amendment

A referendum is a sui generis method of amending the Constitution. A referendum, as one of the instruments for amendment, is reserved for the foundation and buildingblocks of the Constitution. Not every amendment of the Constitution requires a referendum. The question, therefore, is not whether or not Kenya should have a referendum. The question should be whether the foundation and building blocks of the Constitution require any amendment.

The Constitution itself identifies its foundation and its building blocks. There are 10 areas. Only these 10 areas of the Constitution require a referendum before they are amended. These 10 areas are provided for under Article 255 of the Constitution. They are: (1) the term of office of the President; (2) the territory of Kenya;(3) the functions of Parliament; (4) the objects, principles and structures of county government; (5) the sovereignty of the people of Kenya; (6) the independence of the Judiciary, the Kenya National Human Rights, Parliamentary Service, Judicial Service, Revenue Allocation, Public Service, Salaries and Remuneration, Teachers Service, and National Police Service Commissions, the Auditor General and the Controller of Budget. (7) national values and principles; (8) fundamental rights and Freedoms; (9) the supremacy of the Constitution; and (10) chapter 16 that provides for amendment of the Constitution.