Morara Omoke, a lawyer, wants justices to set aside the Court of Appeal’s finding that a proposed referendum on multiple amendments to the Constitution can be submitted as a single question to voters.
In his notice of appeal, Morara wants the apex court to declare that Article 257(10) of the Constitution requires all the specific proposed amendments to the document to be submitted as separate and distinct referendum questions to the people.
According to Morara, an omnibus bill would violate election principles and the freedom and right to vote.
He argues that a single question for each proposed amendment could give voters a clear picture of the exact issue they are being called to vote upon.
Morara says an omnibus bill is likely to confuse voters and deny them the freedom of choice.
He wants the Supreme Court to uphold the High Court finding that the 74 clauses proposed for amendment in the BBI should have been presented as separate referendum questions.
Mr Morara wants the Supreme Court to determine whether the Constitution envisages the possibility of a bill to amend it by popular initiative in the form of an omnibus bill or whether specific amendments are to be submitted as separate and distinct questions.
Morara’s petition came a day after the Attorney-General confirmed that the government intends to make a similar move to the Supreme Court.
source http://nairobiwire.com/2021/08/bbi-moves-to-supreme-court.html
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