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The CORD coalition Okoa Kenya referendum will have to wait a bit longer as the Independent Electoral and Boundaries Commission (IEBC) has not received Sh16 million from the exchequer to authenticate the process.
CORD presented 1.4 million signatures to IEBC but the commission has not started processing them because it needs to hire clerks to transcribe them from hard to soft copy.
"They made our work very difficult by giving bundles of hard copy signatures and that is why we will need staff to undertake that exercise before we can work on the Bill and hand it over to County Assemblies," said IEBC chairman Ahmed Issack Hassan.
The IEBC Chief Executive, Mr Ezra Chiloba, said they would request for money from the Treasury next week to hire a minimum of 100 clerks to begin working on the signatures.
"The commission developed two scenarios, one which will cost us Sh12 million while the second will require Sh16 million they don't have that amount now and that is why they will request the money through a supplementary budget," he said.
The commission has so far received only one referendum proposal and cannot therefore discuss what has not been forwarded to them like the Boresha Maisha initiative fronted by the Jubilee Coalition, Gatundu South MP Moses Kuria's Punda Amechoka, Punguza Mzigo, and the others presented by Governors and Senators.
"We need to counter check the names and identity card numbers with what is in our Biometric Voter Registration (BVR) database of registered voters because that is the requirement of the law," said Mr Chiloba.
IEBC explained that only constitutional issues raised in the Bill will be subjected to the popular mandate while what needs legislative intervention will be forwarded to Parliament.
The Constitution states that a referendum will deal with matters relating to the supremacy of the Constitution, the territory of Kenya, the sovereignty of the people, the national values, principles of governance, and the Bill of Rights and the term of Office of the President,
Other issues that can be taken to the people, include the independence of the Judiciary, Commissions and the independent offices to, which Chapter Fifteen applies, the functions of Parliament, the objects and principles and structure of devolved government. Any proposed changes to the Constitution that do not relate to clauses shall be enacted either by Parliament or both through a popular initiative and Parliament.
Governors are pushing for their initiative dubbed Pesa Mashinani and have proposed to enjoin it in the CORD Okoa Kenya Bill, Jubilee has started started collecting signatures for the Boresha Katiba initiative, same to the Senate's General Suggestion for the Draft Constitution of Kenya (Amendment) Bill, 2015 that seeks to first clarify the roles of the two houses.
The Senate has announced plans to adopt a popular initiative in bid to amend the Constitution to outline its role and gain more powers.
"The Senate has proposed that we use the popular initiative route. We cannot get the appropriate signatures in good time, we will be required to marshal resources and man power to collect signatures, it is far much better to share the content with Okoa Kenya," said Senator Mutula Kilonzo Jnr, who was the vice chair of the Senate Select Committee to audit the Constitution.
CORD's Okoa Kenya Bill, which was birthed after calls for national dialogue with the government failed, is before the commission and only awaits approval.
CORD has now prepared a programme to popularise the Bill through town hall meetings across the country to win support for the referendum.
Orange Democratic Movement (ODM) Political Affairs Secretary Opiyo Wandayi (Ugunja) and Elections Director Junet Mohammed (Suna East) have asked IEBC to fast-track the verification process.
"We are waiting for a reply from IEBC. Whether we submitted the signatures in hard copies or soft copies, it's the duty of the committee to do its work. It must finish the authentication within the time frame allowed in law," said Mr Mohamed.
Mr Wandayi said: "IEBC is under a constitutional obligation to conduct the referendum once the Okoa Kenya Bill is approved by the assemblies and Parliament. Equally, the government has no option but to avail resources for the referendum."
The two welcomed other proponents on board the Okoa Kenya train to avoid duplication of initiatives.
Governor Isaac Ruto (Bomet), who is also the chairman of the council of governors' select committee on the Pesa Mashinani drive, confirmed that the process was on course.
"We are going round the counties collecting signatures. By December 16 and 17, we are going to launch the collection of the signatures in the coast region. We have 600 signatures on soft copy," said Governor Ruto.
He claimed that they have already collected 1.2 million signatures and will also verify them but had been informed by IEBC to collect the same in soft copy, an exercise that was going on in a number of counties.
"The issues are similar, there is need for Jubilee, senators, governors and the opposition to sit together and agree instead of bombarding Kenyans with many referenda," advised Ruto.
Once the commission is satisfied that the initiative meets the threshold, it shall submit the draft Bill to each County Assembly for consideration within three months after the date it was submitted by the IEBC.
"If a County Assembly approves the draft Bill within three months after the date it was submitted by the Commission, the Speaker of the County Assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the County Assembly has approved it," reads part of the Constitution.
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