Editor's Review

  • The Bill was submitted by IEBC on Tuesday.
  • Some counties have moved to the supreme court object to the process. 

Siaya County Assembly has become the first to consider the Building Bridges Initiative (BBI) draft Bill.

This is after IEBC submitted the bill to the 47 counties.

In an advert in the daily newspapers, the assembly has invited residents to either submit memoranda containing their views on the Bill or attend public participation forums in all the six sub-counties of Siaya.

  The committee on Justice and Legal Affairs says in the advert that town hall public participation meetings will be conducted on Tuesday, February 2, while those who have memoranda must submit them to the office of the clerk before that day. 

“Article 196 (1) (b) of the constitution, read together with section 87 of the County Governments Act and Standing Order 129 (3), provides for public participation and involvement in the legislative and other business of the assembly and its committees,” the advert, signed by the assembly’s clerk, says.

The meetings in Alego Usonga, Rarieda and Ugenya sub-counties will be conducted between 9am and 12 noon while those in Gem, Bondo and Ugunja will be conducted between 2pm and 5pm.

However, the question as to whether a constitutional amendment Bill through the popular initiative should be subjected to public participation at the county assembly is open to debate as either the assemblies or Parliament cannot amend the Bill.

The matter is the subject of litigation at the Supreme Court.

The county assemblies of Kericho and Nandi have sought the guidance of the apex court on the procedure to be followed while processing a constitutional amendment Bill, under a popular initiative, ahead of the referendum.

The assemblies have asked the Supreme Court to clarify a number of issues, saying the Constitution or the Elections Act does not provide clarity on critical aspects to guide a referendum.