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November 20, 2017

How NASA wants Kenya to be divided

Kakamega County Assembly Deputy speaker Hon. Leonard Soita, Former Kakamega senator Dr. Boni Khalwale, Kakamega senator Cleophas Malala, former Machakos senator Johnstone Muthama, Miguna Miguna and Siaya Senator James Orango addresse the press outside the Kakamega County Assembly
Kakamega County Assembly Deputy speaker Hon. Leonard Soita, Former Kakamega senator Dr. Boni Khalwale, Kakamega senator Cleophas Malala, former Machakos senator Johnstone Muthama, Miguna Miguna and Siaya Senator James Orango addresse the press outside the Kakamega County Assembly

NASA has drafted a bill to split Kenya into two nations — including the new People's Republic of Kenya — as part of its secession push.

Details of the bill emerged days after top NASA leaders at the Coast and in Nyanza declared secession remains atop their agenda.

The topic of the secession has been current among NASA supporters after the botched August 8 General Election. The Supreme Court nullified President Uhuru Kenyatta's victory and ordered a rerun. The repeat poll on October 26 was boycotted by NASA and swathes of its strongholds didn't vote.

       In an indication of NASA's apparent determination to push for secession, Homa Bay Town MP Peter Kaluma has finalised a bill to amend the 2010 Constitution to create two republics.
        The ODM MP, who is also a constitutional lawyer, lawyer has submitted the bill to the IEBC for review. He then will start collecting a million signatures of registered voters necessary to trigger a referendum.

          Yesterday, Raila for the first time entered the secession debate, saying calls for a breakaway nation were being fuelled by what he described as exclusion by the ruling elite.

   The former Prime Minister was delivering a lecture at the US policy think tank Centre for Strategic and International Studies in Washington, DC. The auditorium was packed and attended by former State Department official Johnnie Carson — famous for his "choices have consequences" warning to Kenya before the 2013 polls.
       “The biggest problem in Kenya right now is exclusion," Raila said. "When you see people begin to talk about secession, it basically tells you here is something seriously wrong with Kenya that must be addressed or else the country tears apart,” Raila said.
       “A solution must be found in Kenya soon.”
        Raila has already called for a six-month transition government. President Uhuru Kenyatta would step down and a broad interim government would be formed until fresh elections are held in six months.

         Kaluma's Constitution of Kenya (amendment bill) 2017 seeks to amend Article 5 of the Constitution to redefine the country’s territory.

             The Article states Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.
        “It is proposed to amend the Constitution of Kenya 2010 under 255(1)(b) and (2) of the Constitution as read together with Article 5 of the Constitution to redefine the territory of Kenya and allow for the creation of two new countries,” reads Kaluma’s draft seen by the Star.

Raila's co-principals Kalonzo Musyoka, Musalia Mudavadi and Moses Wetang'ula have remained silent on the break-away call.
      However, the Opposition has approved formation of of a national People's Assembly and county People's Assemblies. They would pass a resolution on self-determination if Kenyatta is sworn in.
        Yesterday, two more NASA counties — Vihiga and Kakamega —unanimously endorsed the formation of the broad-based national peoples parliament.
       Siaya county, Raila's home turf, was the first to endorse the motion stating the county does not recognise Kenyatta as President.

Siaya Senator James Orengo, ex-Machakos Senator Johnson Muthama and other elected NASA leaders retreated to ssemblies to witness passage of the controversial motion.
        On October 2, Kaluma wrote to IEBC Chairman Wafula Chebukati asking if the Commission had established necessary procedures to prepare for a referendum to amend the Constitution.

 Yesterday Kaluma told the Star the IEBC has not responded.
         “That is now water under the bridge. What I submitted to them is a draft bill to amend the constitution in line with the secession plan,” Kaluma said.
             IEBC was not available for comment.

   The regions targeted to form a new state are mostly from opposition counties in Western Kenya, Nyanza, Coast and Ukambani.
            In what could spark a storm, Kaluma has included some regions in Rift Valley counties, including Turkana, Pokot, Samburu, Maasai, El Molo, Ilchamus, as well as Northern Kenya.
           Kaluma says breaking away will cure the evils of exclusion, tribalism, corruption, inequities, impunity and general bad governance “perpetrated by the Jubilee administration.”
           He says Article 2 of the Constitution vests sovereign power in the people, which they will evoke to tackle “electoral fraud” so new elections are conducted on a level playing field.

 

The push for a secession amendment and People's Assemblies are party of NASA's strategies, as it lacks numbers in Parliament.

If the IEBC is satisfied the requirements are met, Kaluma will then submit the draft bill to each county assembly within three months.

The Opposition controls 18 of 47 county assemblies.

         If approved by the majority of assemblies, the Bill will be introduced in Parliament for approval before a referendum is held.

       At least 20 percent of registered voters in each of at least 24 counties must participate in the referendum for it to be approved
           “If either of the House of Parliament fails to pass the bill------the proposed amendment shall be submitted to the people in a referendum,” reads Article 257{10}.
        Article 255{1} says such a bill must be subjected to a referendum if it touches on the “territory of Kenya”.

        However, with Jubilee controlling 29 county assemblies, the ruling alliance would kill the measure. That's its best approach if Kaluma hits the one million mark.

    Once the bill is passed in assemblies, NASA will ask its counties to come together and fashion a unitary administration that will give birth to The People’s Republic of Kenya.
      It would be submitted to the government as an instrument of secession.

On Wednesday, ODM chairman John Mbadi accused the state of neglecting fishermen in the Migingo Island, saying it's one reason "secession is urgent."
      “The people of some parts of this country feel they are on their own and need to chart their own destiny,” Mbadi said.
   
         NASA has already tabled motions in the county assemblies to express disapproval of Uhuru Kenyatta’s presidency.

The opposition plans to table a secession bill in county assemblies from next Tuesday.

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