Peter Kaluma, who represented Odinga during the August
Supreme Court petition, notified the IEBC of a bill which seeks to amend the
constitution and create two republics.
The bill was drafted by NASA’s legal minds and sought to
amend Article 5 of the constitution which sets the boundaries of the Republic
of Kenya. The amendment will also trigger a referendum.
“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,” Kaluma’s bill reads in part.
Article 5 of the Kenyan constitution states that Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.
Kaluma, who is also the Homa Bay Town MP, has asked the
IEBC to put in place the necessary measures needed for a referendum.
If the IEBC is satisfied the requirements are met, Kaluma
will then submit the draft bill to each county assembly within three months.
The law requires that at least 20 percent of
registered voters in each of at least 24 counties must participate in the referendum
for it to be approved.
Upon approval, the bill would have to be passed by both
Houses of Parliament and if either of the houses rejects it, the people would
directly make a choice through a referndum. Given its reduced numbers in
Parliament, NASA is keen on having the referendum option.
The development came at the same time that Odinga commented on the secession debate. During his
current US trip, he explained that the sustained calls for secession were
necessitated by exclusion perpetuated by the Jubilee regime.
At the same time, Coast and Nyanza leaders have separately
indicated that they would push for secession.
If approved by the majority of assemblies, the Bill
will be introduced in Parliament for approval before a referendum is held.
