NAIROBI: Constitutional experts suggest the earliest the country can hold a referendum is next year, citing the elaborate process prescribed by the Constitution.
Nzamba Kitonga, the chair of the Committee of Experts that drafted the 2010 Constitution said the road ahead for those calling for a referendum is still long and winding.
"It is only Raila Odinga's initiative that has taken off. If their plans work out, the earliest we can go into a referendum is next year. If the rest of the referendum agitators decide to pursue separate initiatives, it will take even much longer," added Kitonga.
A constitutional amendment by popular initiative is a long process that begins with the collection of at least one million signatures from eligible voters.
The proponents of such an initiative are then required to formulate the proposed referendum issues into a draft bill and deliver it together with the signatures to the electoral body for verification
"The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the independent Electoral and Boundaries Commission (IEBC) which shall verify that the initiative is supported by at least one million voters," says Article 257 (4) of the Constitution.
"If IEBC is satisfied that the initiative meets the requirements, the commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted," the Article states.
Although the Okoa Kenya referendum effort has managed to collect the signatures and come up with a referendum bill, the rank and file of the initiative will be taken aback by the opinions of constitutional experts who say the earliest the country can go into a referendum is mid to late next year.
Kitonga explained that the convoluted process to a referendum is deliberate. "We decided to make it a long process because a change in the constitution is a very serious matter. That is why it must be consultative. We wanted to ensure that it is not used for opportunistic purposes," he said.
But Chairperson of the Committee of Experts of the Okoa Kenya Paul Mwangi said the CORD-led plan is unstoppable.
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