Group files petition seeking Constitutional interpretation on Referendum.
Lawyer Ken Amondi representing the three petitioners who have filed a petition at High Court in Kisumu seeking an interpretation of the constitution concerning
the issue of Referendum in the Country-Photo By Dickson Odhiambo.
By
Dickson Odhiambo.
October
29,2018.
Group
files petition seeking Constitutional interpretation on Referendum.
A Youth Group in Kisumu has today filed a
petition in High Court seeking an interpretation of the constitution concerning
the issue of Referendum in the Country.
The group known as SUMAWE Youth
Group has moved to Court seeking interpretation of Articles 255 and 256 of the
constitution in light with salient issues that has been raised by Kenyans so as
to bring clarity on whether the Changes/reduction in size offices of the County
and National Governments require an amendment of the constitution by a way
of Referendum of not.
Through their lawyer Ken Amondi, the
three Petitioners argue that there is need of an interpretation of
structure of the County Government and
is the same means the number of the office holders in the respective county
Governments.
They further argue that there is
need to be clarity in terms of what questions must go to a referendum and
which amendments can be done by parliamentarians in exercise to the delegated sovereign
Authority under Article 1(3) (a) as read with article 256 of the Constitution.
“The issue that Kenyans have raised
so far for determination in a potential plebiscite are multifaceted and can
only be properly addressed through issue by issue or sequential voting referenda
and not through a non-separable preference referendum like the ones IEBC has so
far held and which may lead to a fatal collective choice,” said the Petitioners
in the petition.
They further argue that there exists
no proper legislative framework for carrying out a referendum which would set out
the various parameters not withstanding that the same had been recommended in
the Referendum report presented by the Constitution of Kenya Review Commission
after the November 21, 2005 National Referendum on the then proposed
constitution.
High Court Judge Fred Ochieng
directed the Petitioners to serve the Petition to the respondents.
The same matter will be mentioned
on the 20/11/2018.
The petitioners in the matter are
Titus Alila,Jackline Otieno and Francis Ogada while the Respondents are IEBC
and the Attorney General...
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