The Coalition for Constitution Implementation Kenya (CCI Kenya) opposes with strongest possible terms the proposed Constitution of Kenyan (Amendment) (No.2) Act, 2016 that seek to amend Article 6 of the CoK 2010 to create another structure of governance called the Nairobi Capital City, Articles 88 and 89 of CoK that seek to take the role of delimitation of constituencies and ward boundaries in Nairobi from Independent Elections and Boundary Commission (IEBC), Article 98 of CoK that seek to reduce the number of senators to 46 from 48, Article 200 that seek to take management of Nairobi County to the National Government and the First Schedule of the Constitution of Kenya 2010 by deleting Nairobi County from the list of counties
Chapter Sixteen – Amendment of This Constitution
The CCI Kenya notes that the amendment bill by Hon Kembi Gitura seek to change the structures of Devolved Government by reducing the Number of Counties, affects the independence of the IEBC in delimiting constituencies and ward boundaries, affects the Devolution and Sharing of Power which is one of the National Values under Article 11 of the Constitution of Kenya 2010 and affects the functions of parliament by reducing number of Senators and must therefore be done through a referendum pursuant to Article 255 of the Constitution of Kenya 2010 that states that any amendment related to the above issues must be done through a referendum as participation of the people is mandatory.
CCI Kenya therefore warns Hon Kembi Gitura and the entire Parliament against debating the illegal Bill as all Kenyans including Hon Gitura and all Parliamentarians are obligated to Defend, Uphold and Respect the Constitution of Kenya 2010 as debating and passing the Kembi Gitura Bill amount to establishing a government that is not in compliance with the Constitution of Kenya 2010 and is a treasonable offense.
Convener CCI Kenya