Post by omundustrong on Jul 24, 2014 8:12:48 GMT 3
I want to reproduce what the constitution says in as far as amendment of the constitution by popular initiative or on Independent offices where IEBC falls;
257 (1) An amendment to this constitution may be proposed by popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this constitution may be in the form of a general suggestion or a formulated draft bill.
(3) If a popular initiative is in the form of a general suggestion,the promoters of that popular initiative shall formulate it into a draft bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission,which shall verify that the initiative is supported by at least one million registered voters.
(5)If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this article,the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(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.
(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 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) which says "Subject to clause(5),the President shall assent to the Bill and cause it to be published within thirty days after the Bill is enacted by Parliament.Article 256(5)If a Bill to amend this Constitution proposes an amendment relating to a matter specified in Article 255(1)-(a) The president shall,before assenting to the Bill,request the Independent Electoral and Boundaries Commission to conduct,within ninety days,a national referendum for approval of the Bill;and (b) within thirty days after the chairperson of the Independent and Boundaries Commission has certified to the President that the Bill has been approved in accordance with articles 255(2),the president shall assent to the Bill and cause it to be published.
(10) If either House of Parliament fails to pass the Bill,or the Bill relates to a matter specified in 255(1),the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255(2) applies,with any necessary modifications,to a referendum under clause (10) above.Maybe for clarity let me quote Article 255(2)
a Proposed amendment shall be approved by a referendum under clause (1) if- (a) at least twenty percent of the registered voters in each of at least half of the counties vote in a referendum;and (b) the amendment is supported by a simple majority of the citizens voting in the referendum.
There you have it now you can separate hot air from politicians with the letter and spirit of the constitution.
257 (1) An amendment to this constitution may be proposed by popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this constitution may be in the form of a general suggestion or a formulated draft bill.
(3) If a popular initiative is in the form of a general suggestion,the promoters of that popular initiative shall formulate it into a draft bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission,which shall verify that the initiative is supported by at least one million registered voters.
(5)If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this article,the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(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.
(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 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) which says "Subject to clause(5),the President shall assent to the Bill and cause it to be published within thirty days after the Bill is enacted by Parliament.Article 256(5)If a Bill to amend this Constitution proposes an amendment relating to a matter specified in Article 255(1)-(a) The president shall,before assenting to the Bill,request the Independent Electoral and Boundaries Commission to conduct,within ninety days,a national referendum for approval of the Bill;and (b) within thirty days after the chairperson of the Independent and Boundaries Commission has certified to the President that the Bill has been approved in accordance with articles 255(2),the president shall assent to the Bill and cause it to be published.
(10) If either House of Parliament fails to pass the Bill,or the Bill relates to a matter specified in 255(1),the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255(2) applies,with any necessary modifications,to a referendum under clause (10) above.Maybe for clarity let me quote Article 255(2)
a Proposed amendment shall be approved by a referendum under clause (1) if- (a) at least twenty percent of the registered voters in each of at least half of the counties vote in a referendum;and (b) the amendment is supported by a simple majority of the citizens voting in the referendum.
There you have it now you can separate hot air from politicians with the letter and spirit of the constitution.
