Voters want PM oath included in draft

A group of voters are seeking a court order to include the oath or solemn affirmation by the Prime Minister if the Proposed Constitution becomes law.

Through their advocate, Mr Kimutai Bosek, voters told the court on Tuesday that this should be included in the Third Schedule of the Proposed Constitution.

He argued that the Third Schedule only contains oath or solemn affirmation by the President and other senior government officials excluding the PM.

It only mentions the President, Deputy President, Cabinet Secretary, the Chief Justice, judges, Members of Parliament, the National Assembly Speaker and his deputy.

"If ‘Yes’ wins in the coming referendum, all State officers will be required to take oath to the new constitution. The current constitutional office bearers would be required to take oath but the PM is not included in the Third Schedule document," he said.

Under the National Accord and Reconciliation Act, the two principals would hold office until a general election is held.

"There would be a constitution crisis because only the President would have taken an oath or solemn affirmation," he said.

Justice Sankale Ole Kantai certified the case as urgent and ordered that matter be heard inter partes on July 8 at the Interim Independent Constitutional Dispute Resolution Court in Nairobi.

Bosek told the court the CoE was given a specific mandate but it never carried its work with express provisions of the law.

He said his clients are seeking a declaration that the CoE acted in excess of its mandate when it reopened debate on issues that were not contentious.

"The harmonised draft constitution omitted the clause outlawing abortion even though the said clauses were present in the existing draft constitutions," he said.

Bosek said the committee neither declared the clause on abortion as being contentious or not agreed upon. It declared the system of Government, devolution and transitional provisions.

Those sued are the Attorney General Amos Wako and the Committee of Experts.

The Federation of Women Lawyers-Kenya is named as the proposed intervener in the suit filed by Mr Edris Nicholas Omondi, Ms Mildred Okwomi, Mr Charles Wanjala, Ms Alice Jepngetich, Ms Eunice Makibor, Dr Peter Kuyaya, Ms Joyce Makibor, Mr Elkanah Rotich and Ms Caroline Chepchirchir.

In the case, they will be seeking a declaration that the experts had no right to disregard the recommendation of the Parliamentary Select Committee in respect of the clause on Right to Life.