The question on whether the country should go for a referendum or not is most likely to end up at the Supreme Court, with different parties seeking legal interpretation. Senior Counsel Ahmednassir Abdullahi says neither President Uhuru nor Raila Odinga will determine if the country goes to a plebiscite. He said that it will be judicial process that will first land at the High Court, then Court of Appeal, and finally end at the Supreme Court.
“Whether BBI report will be adopted through a referendum or parliament is a monumental constitutional question and it will not be decided by H.E Uhuru, Hon Ruto or Hon Raila. That question will be decided by a 5 judge High Court bench, it will go the Court of Appeal and then Supreme Court,” he said in a tweet.
He said the Constitution through Articles 255, 256, and 257 provides procedures for constitutional amendment, adding that Kenyans should read the Constitution to avoid being misled by politicians.
“Because the Constitution provides for clear and elaborate procedures on how it can be amended. Kenyans can read for themselves Articles 255, 256 and 257 that provide three distinct ways to amend the Constitution. The three articles are constitutional minefields,” the lawyer added.
There is a raging debate on whether the country should go to a referendum or resort to parliament to adopt the BBI Report. Speaker of the National Assembly said on Monday that the report must first to converted a bill then be presented to the House.
Politicians have already hijacked the process with two rival teams, those for the referendum and those against it going at each other’s throats.