Studied Political Parties Amendment Bill. It is unconstitutional:

1. Violates – in purpose & effect - const provisions on multi-partism & democracy

2. Inimical to good governance - elevates elite consensus undermining people-centred participatory democracy

1/3
3. Negates const requirement that political parties must “respect the right of all persons to participate in the political process.”

4. Undermines equality – creates a 2-tier political right system that favours so-called “corporate members”

5. Vague; overbroad

2/3
6. Process of its consideration (passage) is opaque, coercive, sneaky and non-participatory

7. Critically, it is effectively an effort at surreptitious constitutional amendment through statute - a NO, NO!

3/3

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More from @waikwawanyoike

16 Feb 19
@RailaOdinga says we will have a referendum this year to change the constitution. I do not think so. In fact we wont have constitutional amendments any time soon. These are the TECHNICAL reasons why
1.We need a legal and functional IEBC. IEBC formulates the question(s) for a referendum after parliament passes the amendments. IEBC also organizes and manages referendum vote. With three Commissioners (all men) left we don’t have a legal @IEBCKenya
2.A const amendment can't be rushed thro parliament the way it is done with unpopular statute laws. Timelines and processes of amending the constitution are edged in stone. To change those processes and timelines requires an entire process of amendment that includes a referendum
Read 10 tweets
20 Oct 18
This is why Building Bridges Initiative (BBI) by @railaodinga and @ukenyatta is an illegal and unconstitutional outfit – a thread #HeroesforChange #MashujaaDay2018 #MashujaaNaKOTloyals
1.It is established without any legal authority – The President must always exercise that power under known legal authority. In Gazette Notice 5154 the President does not cite the legal authority under which he is establishing BBI because there is none.
2.Parliament has never passed a law or even deliberated on a motion to establish BBI. Without an enabling constitutional or statutory framework, BBI is anchored on an illegality. Gazette Notice alone is not enough.
Read 8 tweets

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