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The National Assembly Majority Leader and Kipipiri member of parliament Amos Kimunya has now brought a new and potentially controversial perspective to the whole debate about technical errors in a constitutional amendment draft.
In the last one week or so, it has emerged that there are technical errors contained within some copies of the Constitutional Amendment Bill 2020.
This has led to some leaders proposing that the whole process be halted since its continuation might lead to the passage of an erroneous and potentially unconstitutional document.
Others, on the other hand, have suggested that it goes on as is since the errors are merely technical and can’t impact on the substance of the Bill itself.
Yesterday, speaking on Citizen TV in an interview conducted by Waihiga Mwaura, Amos Kimunya said that the errors, which he dismissed as simply typographical, shouldn’t be blown out of proportion. He said that the Bill could be passed as it was and even subjected to a referendum that way, before later having corrections done on it.
He then went on to say that even the 2010 constitution that Kenyans passed had typos in it that were only corrected much later on, just before its promulgation.
Divisions have been borne by disagreements over the constitutionality of the second schedule, with a number of members of parliament ganging up to endorse a position not to amend Article 89 and especially (4) to allow the new constituencies to be part of the 2022 elections.
Their argument is that the schedule is not anchored on anything. And even as the stalemate deepened, a revelation by the joint Senate and National Assembly Justice and Legal Affairs Committee that only 11 county assemblies passed the right Constitution of Kenya (Amendment) Bill, 2020 has threatened to put to question the legality of the process that begun three years ago.
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