"It's not BBI that died, it's HUSTLERS Constitution that died. It's HUSTLERS sovereignty that died, it's your right to self-determination that died. In short, it's your power under Article 1, Article 3, Article 10, Article 19, Article 20, Article 257 that died," Lawyer Ndegwa Njiru has said.
The court said that if a HUSTLER was to initiate a constitutional amendment through the popular initiative, then he has to undertake three basic steps to protect the basic structure.
He has to undertake public participation. Yes, public participation has now been customized and it has become a household name nowadays. But ask yourself how many Kenyans have the financial capability to conduct public participation say for example in 1450 wards across the country if we were to take the wards as the smallest unit of administration?
In normal circumstances, it takes an MCA approximately Kshs. 2,000,000 to undertake their public participation during the county legislation process.
If we would assume that this would thus be the minimum amount that Wanjiku would need to spend for public participation, it would thus translate to Kshs 2,000,000x 1450= Kshs. 2.9 Billion. This is the cash needed to be spent by Wanjiku to conduct public participation to amend the Constitution through the popular initiative. I leave it there for you to ponder.
The court said that Wanjiku must conduct civic education before amending the Constitution. Remember civic education will ordinarily target every citizen and so we assume that out of a 47Million population, Wanjiku targets 20Million who can read and write so he would then print 20Million copies of the proposed bill, assuming that each copy costs him an average of Kshs. 500, then Wanjiku would have to spend 20,000,000×500 which would translate to Kshs.10Billion for the English and Swahili versions only. And that is on the assumption that he will not translate the copies into our local languages.
Wanjiku will have to undertake what the court called Primary Constituent assemblies which for those who would remember is a replica of the 2001 BOMAS. Remember in this Bomas thing, Wanjiku has to mobilize DELEGATES and pay them their allowances and other supporting logistics. If we assume then that this BOMAS thing shall take place in every 47 counties and that each assembly will be attended by a reasonable number of say 1000 people and he pays them an allowance of Kshs.1,000, then this would translate to 1000×1000×47 which translates to Kshs. 47Million. We assume that on logistics Wanjiku spends approximately Kshs. 20Million then the total amount that ordinarily Wanjiku and you may also call her HUSTLER would need to have to amend the Constitution through the popular initiative would be 2.9B+10B+67M which would add up to Kshs13.5 Billion.
This means in my view since can afford to raise these Kshs. 1.5Billion, my power to amend the Constitution has been denied not by the Constitution but by employing judicial inventions.
It further means that it's only Parliament that can then initiate the Constitutional amendments.
Question: NOW tell me, has this empower Wanjiku or the hustlers, or has it not entrenched parliamentary supremacy on us?
~These are direct views from Lawyer Ndegwa Njiru, Advocate.
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