AG advisory defends BBI referendum process, LSK enjoined in case

Written By: Margaret Kalekye/Sarafina Robi

Makueni Governor Kivutha Kibwana, Kericho and Nandi counties seeking the court's interpretation on how the 2010 Constitution should be amended.

The Supreme Court has allowed the Law Society of Kenya (LSK) to be enjoined in a case by Makueni Governor Kivutha Kibwana, Kericho and Nandi counties seeking the court’s interpretation on how the 2010 Constitution should be amended.

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Kibwana had filed a suit asking the court to provide guidance on the amendment of the constitution following the Building Bridges Initiative (BBI) report.

He sought guidance on whether a bill containing a proposed amendment should only be limited to an amendment of a single issue in the constitution.

Makueni boss said he believes that a bill meant to amend the Constitution should be limited to only one constitutional issue at a time thus safeguarding the constitution from being abused, replaced, or completely overhauled and protecting the right of free citizen participation.

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The Supreme court in a virtual ruling on Monday directed the three parties to respond to the advice by AG within seven says and state whether they agree or disagree with the advisory when the matter comes up for mention on February 9.

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What the advisory states

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According to the Attorney General advise, the constitution does not prevent a government at the national or county level, a state organ or a public officer from promoting an amendment to the constitution through a popular initiative.

While referring to the 2005 referendum the AG said: “It is noted, indeed that many of the landmark constitutional amendments in Kenya have been the product of state initiatives…the same situation was obtained in 2010…”.

“What is critical in our view is that all procedural requirements for such a process are satisfied” the AG adds in his 16-page advisory.

The AG further argues that there is no legal support for the view that a bill to amend the constitution may only be limited to a single matter/issue of the amendment.

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The Law Society of Kenya which has been admitted as an amicus curiae is required to file and serve its Amicus Brief, seven days after responses are filed by all the interested parties.

It will not be allowed to make oral submissions.

Click the link for the advisory: Click Here





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