By
Stephen Letoo, Nairobi KENYA
As Kenya
awaits the release of the Building Bridges Initiative (BBI) report on Tuesday
this week, implementation of proposals in the much-awaited document could run
into trouble for lack of referendum laws in place.
Possibilities of the report recommending a
referendum are highly likely, but going by the difficulties in amending the
2010 Constitution, a proposal requiring a referendum are likely to encounter
hurdles.
Majority Leader Aden Duale says since the
promulgation of the constitution in 2010, the Executive has not presented legal
proposals that could oversee a referendum.
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| President Uhuru Kenyatta (L) and opposition leader, Raila Odinga |
According to Duale, to kick-start the process
of a referendum, Parliament needs to enact a referendum law.
“To conduct a referendum there must be a
referendum law. What the IEBC has been using in receiving signatures for Okoa
Kenya and Punguza Mizigo is the Election Act of 2011,” says Duale.
Minority Whip in the National Assembly Junet
Mohamed, however, differs with Duale, claiming the 2005 referendum was
conducted without a referendum law.
“We have held a referendum before without any
law… in 2005 and the results were taken as endorsed by the people. There is no
law that bars holding of any referendum. The Elections Act also has provisions
on referendum under sections 49 and 50 law. That is sufficient for now,” said
Junet.
Pushing through the report without a
referendum law could open floodgates for litigation.
“In the absence of a referendum law, those who
will oppose a referendum have an added advantage to go and use the corridors of
justice to raise legal issues,” added Duale.
As the BBI team prepares for Tuesday, sources
told Citizen TV that the task force has recommended creation of the position of
prime ministers and two deputies besides the current position of the president
and deputy president.
“If it doesn’t have the introduction of a
parliamentary system of government through a referendum as provided for in
Article 257, I can tell you from where I seat and come from, that BBI will not
have any meaning,” Duale further stated.
According to the House leadership, to heal the
referendum shortcomings, proposals by Ndaragwa lawmaker Jeremiah Kioni and one
from Endebes MP Dr. Robert Pukose must be prioritised for debate before
parliament breaks for a long recess in three weeks’ time.
With the absence of the referendum law, it will
take at least six months to put the law in place, and another 12 months to
complete the processing of a referendum question. - Citizen TV
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