The Independent Electoral and Boundaries Commission (IEBC) has okayed NASA’s bid for referendum to divide Kenya into two.
IEBC Chairman Wafula Chebukati said the opposition is at liberty to continue its push for a referendum as long as it is within the confines of the law.
NASA is pushing the secession debate through a Bill drafted by Homa Bay Town MP Peter Kaluma, a constitutional lawyer by profession.
Kaluma is sponsoring The Constitution of Kenya (amendment) Bill 2017 which seeks to amend Article 5 of the Constitution to redefine the country’s territory.
“It is proposed to amend the Constitution of Kenya 2010 under 255(1)(b) and (2) of the Constitution as read together with Article 5 of the Constitution to redefine the territory of Kenya and allow for the creation of two new countries,” reads Kaluma’s draft according to the Star.
Kaluma had first written to Chebukati in regard to the secession Bill on October 2 questioning if the commission has set in place procedures to hold a referendum.
If the referendum bid goes his way, Kenya will be split into two; People’s Republic of Kenya and Central Republic of Kenya.
In response, Chebukati in a three-page document highlighted constitutional provisions Kaluma should operate within.
He also stated changes made on the Elections Act.
“A referendum question on an issue other than that contemplated in Articles 255, 256, and 257 of the Constitution shall be decided by a simple majority of the citizens voting in the referendum,” said the Chairman.
Informed by Article 255 of the Constitution which provides that any initiative to redefine the country’s boundaries should follow lawful procedures, Chebukati said that, “Upon review, the commission is of the considered view that the proposed Bill is entirely within your purview in terms of the aforementioned provisions of the law.”
In Kaluma’s Bill, he has listed 25 counties as being marginalized over time by successive governments.
The draft can now be introduced in all county assemblies within three months. If they pass it, it will be brought before Parliament and the Senate under Article 256 for approval.
However, Kaluma has expressed his pessimism with the draft being passed by both Houses citing they are Jubilee dominated and as such, are under state capture.