The promulgation of the new constitution is set for Friday 27th...if today's headline in the Standard is anything to go by, then implementation of this constitution will trully be an uphill task - Legal minds are already in disagreement as to whether Kibz is legally allowed to promulgate the constitution on 27th as is planned. Muite and Gitobu hold the contrary view while Martha and Mutula are siding with Kibz....



.....and by the way expect more circus in parliament as the Mpigs jostle for positions in the committee that is set to see the implementation of the new constitution...Midiwo is already making it clear that mpigs who voted NO should not expect any seats....and its only the begining..

Who is advising Kibaki? article 263 is very clear,we will not need him to sign anything to effect it on any day after the 20th,it shall already have come into effect.These fellows are still stuck in the old way of doing things.

COPY&PASTE from one news media report [capital FM]:

Justice and Constitutional Affairs Minister Mutula Kilonzo clarified that the law (The Constitution of Kenya Review Act, 2008) provides that the promulgation shall come not earlier than 14 days but not later than 28 days after the declaration of the final referendum result.

Mr Kilonzo said the law provides 14 days for anyone to file a case to contest the manner the referendum was conducted or the final result, after which the President has a further two weeks to assent the new law

“If you look at Article 263 it talks about within 14 days after the publications of the ‘final result’ and the final result is not what was announced last week. The final result is what will be published after the completion of the 14-day period of dispute resolution,” said Mr Kilonzo.
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STEP 1: Announcement of results

STEP 2: Wait 14 days for anyone to challenge of results in court

STEP 3: Publish final result in gazette

STEP 4: Within 14 days from step 3, promulgate new constitution. If not done, new constitution takes effect automatically

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Makes sense now, doesn't it?

mukiha and mutula are right as Section 43(4) of the Review Act provides that:



it is clear that the FINAL result that the new constitution refers to is that which is gazetted after 14 days.