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Clerk of the Senate,
Main Parliament Buildings, By email: clerk.senate@parliament.go.ke
P.O. Box 41842-00100,
NAIROBI
Dear Sir,
MEMORANDUM OF TOTAL REJECTION OF THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL, 2024 (SENATE BILLS NO. 46 OF 2024)
I reject the proposed Constitution of Kenya (Amendment) Bill No. 2 of 2024, in totality, as it is in contravention of Article 255(1) of the Constitution of Kenya, 2010, which states:
“A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters–--
(a) the supremacy of this Constitution;
(b) the territory of Kenya;
(c) the sovereignty of the people;
(d) the national values and principles of governance referred to in Article 10 (2) (a) to (d);
(e) the Bill of Rights;
(f) the term of office of the President;
(g) the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies;
(h) the functions of Parliament;
(i) the objects, principles and structure of devolved government; or
(j) the provisions of this Chapter.”
The constitution clearly states in clause (2) that “A proposed amendment shall be approved by a referendum under clause (1) if__
(a) at least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum;
and
(b) the amendment is supported by a simple majority of the citizens voting in the referendum.”
Based on the foregoing, the proposed bill should not progress, as it would be contrary to the spirit and letter of the law generally, and the provisions of the Constitution.
Yours faithfully,
( Your Name)
Cc: senatejlahrc@parliament.go.ke