I’m asking because this is an Article 257 Amendment. If both houses (Senate and Parliament) approve the bill, there’s no need for referendum unless it touches on the matters outlined in article 255(1):
That said, does this BILL satisfy the 255(1) requirements for a referendum?
Or will BBI become law by a simple majority in both houses per Article 257?
Give reasons for your position. Keep things civil and discuss the constitution and possible loopholes that may tilt the scales either way.
It requires referendum because it touches the independence of Judiciary by the way of Ombudsman, the functions of parliament by the extra number of mps and change of composition of senate (94 senators now added), the structure of executive (now that [parliament shall be part of the executive in the name of ministers, deputy ministers, prime minsters and his deputies), constitutional commissions such as Police Service commission, DPP are also affected in these changes
The office of Ombudsman is still there. Such a bad thing. They decided to change it a bit to be that he shall be appointed by the president with the approval of Senate and be an ex-official member of the Judicial Service Commission with no voting rights and shall prosecute his cases against the judges in the JSC. I think they wanted to make it sound a bit watered down and harmless but at the same time the president can still use the Ombudsman to harass and threaten the judges