– NASA will find it hard to fulfill some stringent constitutional requirements in its quest to lead a secession
– According to Senator Kipchumba Murkomen, the Opposition has no political muscle to pull such a move
– The Senator argues that a referendum requires goodwill from political parties which NASA lacks
The Opposition’s plan to divide Kenya into two states through a referendum is likely to be halted by several legal issues,Elgeyo Marakwet Senator Kipchumba Murkomen argues.
According to the Jubilee Senator, the NASA secession plan will not be a walk in the park as several constitutional requirements may be hard to surmount.
“A Referendum in Kenya can only happen if there is utmost political goodwill and consensus. It is even worse if a referendum is being proposed by a party with the weakest political support in all the relevant institutions especially Parliament and County Assemblies,” the Senator argued on Tuesday, November 14.
Murkomen offers seven scenarios which would make it hard for NASA to succeed in its secession plans.
1. Under Article 255 2(a)- Ensure that 24 counties fail to vote or ensure less than 25% of the registered voters vote in 24 counties.
2. If through Parliament as per Article 256, ensure it doesn’t attain two-third.
3. If via popular initiative under Aricle 257, the verification of one million signatures is a nightmare. It is worse if the collection of signatures is infiltrated by fake signatories.
4. Ensuring that the promoters don’t get the support of 24 county assemblies. Currently Jubilee controls about 30 county assemblies.
5. Ensure IEBC does not have the resources; human, financial, political resources etc. Take note that IEBC depends on National Assembly & National Treasury for financial resources.
6. And of course the numerous court cases by Omtatas
7. Numerous legal uncertainties on matters referendum and the role of Parliament in filling or mid-filling the lacuna
National Resistance Movement rally at Jacaranda