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It will be near to impossible for CORD to force a referendum
Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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Amendment by popular initiative.
257. (1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.
(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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Liv wrote:Amendment by popular initiative.
257. (1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.
(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).
The popular initiative to increase the funds allocation from a minimum of 15% to 45% is in Public Finance article and is not covered by article 255(1). So one of the houses of parliament can stop this popular initiative according to the constitution.
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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CORD is courting the governors to have the popular initiative passed by county assemblies.... but it still has to be passed by parliament. It is impossible to have this initiative passed by parliament without Jubilee support in both houses.
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Liv wrote:Liv wrote:Amendment by popular initiative.
257. (1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.
(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).
The popular initiative to increase the funds allocation from a minimum of 15% to 45% is in Public Finance article and is not covered by article 255(1). So one of the houses of parliament can stop this popular initiative according to the constitution. no.7 Will be a hard one "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
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Rank: Veteran Joined: 2/3/2010 Posts: 1,797 Location: Kenya
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the referendym results....is there a 50+1 requirement ama its simple majority I may be wrong..but then I could be right
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Rank: Veteran Joined: 4/1/2009 Posts: 1,885
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Liv wrote:Liv wrote:Amendment by popular initiative.
257. (1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.
(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).
The popular initiative to increase the funds allocation from a minimum of 15% to 45% is in Public Finance article and is not covered by article 255(1). So one of the houses of parliament can stop this popular initiative according to the constitution. my reading is that the or used there means that if either house fails to pass the bill it shall go to he referendum or if the bill relates to article 255(1) then it shall go to referendum whether approved by either house or not. so the important institution here are the county assemblies.
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Rank: Elder Joined: 4/9/2008 Posts: 2,824
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mkenyan wrote:Liv wrote:Liv wrote:Amendment by popular initiative.
257.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).
The popular initiative to increase the funds allocation from a minimum of 15% to 45% is in Public Finance article and is not covered by article 255(1). So one of the houses of parliament can stop this popular initiative according to the constitution. my reading is that the or used there means that if either house fails to pass the bill it shall go to he referendum or if the bill relates to article 255(1) then it shall go to referendum whether approved by either house or not. so the important institution here are the county assemblies. @mkenyan I agree with you totally on number 10 above. That clause is designed in such a way that parliament can not be used to frustrate a popular initiative but rather give it chance to agree with the people. The critical clause is number 7. If a bill goes past number 7 then it is almost a done deal because parliament can either pass it into law (and spare us a referendum) or fail to pass it and pass a referendum. And there in lies the problem.... if the counties that passed the bill are seen as not populous vote wise, then tyranny can be used to defeat it in a referendum because the threshold for victory is a simple majority and not where the votes came from!!!! Tafakari hayo. When I have money, I get rid of it quickly, lest it find a way into my heart.
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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mkenyan wrote:Liv wrote:Liv wrote:Amendment by popular initiative.
257. (1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.
(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).
(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in 255 (1), the proposed amendment shall be submitted to the people in a referendum.
(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).
The popular initiative to increase the funds allocation from a minimum of 15% to 45% is in Public Finance article and is not covered by article 255(1). So one of the houses of parliament can stop this popular initiative according to the constitution. my reading is that the or used there means that if either house fails to pass the bill it shall go to he referendum or if the bill relates to article 255(1) then it shall go to referendum whether approved by either house or not. so the important institution here are the county assemblies. @Mkenya,
I agree with your view.
However my point still stands.... CORD will still require the support of Jubilee to have the bill passed in both Houses of Parliament.
If the Senate and the NA do not approve the bill then it will be lost and no referendum will be held.
If the Jubilee senator are whipped against this bill, it is not going anywhere.
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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digitek1 wrote:the referendym results....is there a 50+1 requirement ama its simple majority Simple majority
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Rank: Member Joined: 4/20/2012 Posts: 888
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Recently the debate has fizzled out after the proponent read the constitution. They realised that the one for defeating the tyrrany of numbers by having a parliamentary system would not the light of the day. They have opted to float the one on devolution to enable them get majority if not all the counties.
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It will be near to impossible for CORD to force a referendum
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