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Tuesday, January 26, 2021 – Attorney-General Kihara Kariuki has shocked everyone after he differed with President Uhuru Kenyatta and ODM leader, Raila Odinga’s position on the Building Bridges Initiative (BBI) referendum.

This is after he rooted for multiple questions referendum as opposed to omnibus referendum, a position that is being spearheaded by Deputy President William Ruto and his Tanga Tanga faction.

In an advisory opinion to the Supreme Court in respect to a case filed by Nandi and Kericho County Assemblies as well a Makueni County government, Mr. Kihara said a Bill that may contain one matter or issue of amendment will present major difficulties.

“The implication for such an interpretation will be that in the event that the people wish to exercise their sovereignty directly to amend various matters in the Constitution, they would need separate bills for each of the matters/issues concerned,” Kariuki said.

He said Kenya has had two referenda, in 2005 and 2010, and in both cases, the questions were posed in respect of omnibus proposals with multiple issues.

Kericho and Nandi MCAs sought the guidance of the Supreme Court on the procedure to be followed while processing a constitutional amendment Bill, under a popular initiative.

Makueni Governor Kivutha Kibwana also sought a similar opinion.

The speakers of the two county assemblies said it is not clear how a Bill containing multiple and unrelated issues will be voted for at the referendum, and whether it should be voted in an omnibus way or on the basis of multiple questions delineated in respect of each provision or subject matter sought to be amended.


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