Is the law silent on this?
The referendum fails…falls flat on its face.
You’d have to restart the process.
It goes to referendum. Once you have a million signatures, all the elective assemblies(county, national and Senate) can do is fast track the amendment. However they cannot fast track those amendments that require a referendum.
By fast tracking, I mean that majority of county assemblies agree and both national assembly concur. In that case, if the part of the constitution does not require a refererundum, it’s passed.
Therein lies the weakness
So it’s either they pass the bill or we go to a referendum? They can’t kill it?
Yes
Refer to section 255 and 257 here https://kenyanconstitution.manjemedia.com/amendment-of-this-constitution/
Wazi I thought Manguruwe wasipo pitisha hio Stori ya referendum imedie hizo. Leo ndio nimejua the sovereign belong to the people of the Republic.
True, the framers of our constitution ensured that those gluttonous beasts cannot suppress our collective will. I wish that bill was more agressive.
I hope we can mobilize our people to pass it. I will do my part. You do your part. Let’s mobilize.
Wacha katambe sasa
Bana niaje most lawyers wana insist lazima 25 counties zi approve ?
Mkubwa, Read 257 subsection 10 vizuri. It reads:
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter mentioned in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
The results of county assemblies deliberations are submitted to national assembly and the Senate who can decide to either accept or reject them. However, their decision can never override what I quoted above.
The problem is right here underlined gentlemen :
As per the Constitution, once the signatures for the popular initiative have been ascertained, the referendum’s journey [SIZE=7]shifts to the 47 assemblies where [COLOR=rgb(226, 80, 65)]more than half must agree[/SIZE] with it for it to move to the next step.
So half of county assemblies have to have approve to have their jobs to be axed. Is this possible …NOP
Pia hao MCA Ni aspiring MPs na wanajua the more seats the easier it becomes
mna confuse @Deez Nuts kidogo , so if the county assemblies refuse to support the bill , people will have a referendum , right ?
:D:D:D
@Abba amesema >> more than half must agree with it for it to move to the next step.
they don’t have to, 257 says if the bill touches on any article on 255 ,it will go to a referendum
(6) 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.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter mentioned in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
I don’t see where it talks about if county assemblies fail to pass or are they also covered in 10 above?
No. Only the MCAs can kill it. Where do you get the idea that they can’t?
IF it is approved, then it goes to the next step; else it fails.