JUNE 26TH

The two opposing groups in the proposed Constitution debate have until June 26 to form their campaign committees at the constituency and national levels.

The committees are expected to coordinate campaigns for both the 'Yes' and 'No' camps and they are required to write to the commission applying for registration.

They will also produce agents who will represent the two sides of the campaign.

The chief agent will be responsible for the affairs of the registered referendum committee.

The Interim Independent Electoral Commission (IIEC) is clear that the committees shall not be political parties. The committees will not be registered if their logo and names resemble those of any of the 47 registered political parties or are similar to those used in the 2005 referendum.

Electoral areas

The rules also indicate that the application should indicate the electoral areas in which the committee intends to support or oppose the referendum question.

At the same time, the IIEC has also announced the official campaign period for the referendum to start on July 13 and end on August 2.

All campaigns shall cease twenty four hours before the start of polling according to the commission.

According to newly released regulations governing the referendum exercise, this is the period during which any person or referendum committee supporting or opposing the referendum question may carry out campaigns to drum up support for their positions.

However, both sides of the divide are already out in the field campaigning for their positions.

The Constitution of Kenya Review (Referendum) regulations to govern the referendum were published last Monday and commission staff will be trained on their contents.

The regulations state that any person or referendum committee supporting or opposing the referendum question may carry out campaigns to support or oppose the referendum question within the referendum period.

This is the period starting when the referendum question was published.

IIEC chief executive officer James Oswago explained that the regulations were modifications of various existing pieces of laws governing elections and the affairs of political parties.

They were picked from the National Assembly and Presidential Elections Act, the Political Parties Act and the Public Officers Ethics Act and modified to fit the forthcoming referendum.

The commission has already published the referendum question and picked the red colour for the ‘No’ side and the green colour for the ‘Yes’ side.

''Do you approve the proposed new constitution?'' is the question that voters will answer in the August 4 vote.

The regulations indicate that the proposed laws can only be passed after acquiring 50 per cent plus one of the votes cast and 25 per cent in five of the eight provinces. A fresh poll would be taken where the referendum results is a tie.

If the draft law passes the referendum, President Kibaki has two weeks to promulgate the new constitution, during which, anyone can challenge the result in the Interim Independent Constitutional Dispute Resolution Court.

The referendum on the proposed constitution will be held on August 4 with the IIEC required by law to announce the results by August 6.