, NAIROBI, Kenya, Aug 27- Kieni Member of Parliament Kanini Kega on Wednesday moved to court in a bid to block Coalition for Reforms and Democracy (CORD) leaders from collecting signatures to initiate a referendum.
The Member of Parliament filed an urgent case in the High Court and wants the ongoing signature collection which kicked off over the weekend stopped.
He says that the exercise is being undertaken without formulating their suggestions into a draft Bill as required under Article 257 (2) and (3) of the Constitution.
“Under article 257(2) and (3) of the Constitution, promoters of constitutional amendment must formulate a draft bill seeking the provisions of the Constitution proposed to be amended, repealed or added.”
In addition, he says: “During the transitional period for implementation of the Constitution which lapses on 27 August 2015, the Constitution cannot be lawfully amended.”
He also wants the court to stop the Independent Electoral and Boundaries Commission (IEBC) from receiving the draft Bill and signatures from the CORD leaders.
The MP wants the case expeditiously heard and determined since the CORDD Okoa Movement has since launched the signature collection meant to facilitate the referendum for proposed Constitution amendments.
Kega named the Attorney-General and Commission for the Implementation of the Constitution (CIC) as respondents and criticized them for failing in their duties to object accordingly and advise the public, Parliament and the Government that no amendment of the Constitution can be lawfully effected until the implementation period is over.
He says during the transition period for implementation of the Constitution which lapses on August 27, 2015, the Constitution cannot be lawfully amended.
“Unless and until Parliament declares under Articles 261 and section 5(7) of the Sixth schedule of the Constitution 2010 has been fully implemented, one cannot validly amend the Constitution under articles 256 or 257,” he adds.
The petition will be placed before the duty judge on Thursday for orders and directions.
The coalition principals launched the collection of signatures in various counties at the weekend.
The six issues distilled for referendum are devolution, land reforms, electoral reforms, inclusivity and equality, enhancing security and fighting corruption.