Poll experts have warned of a looming crisis in the wake of no solid law to define timelines for MCAs to dispense of the BBI bill.
Election Observation Group cited the lack of clear public participation provision in the bill process.
The team further cited the lack of unclear timelines on the submission of the respective county assembly decisions on the bill.
“A clear referendum law will go a long way in addressing these concerns,” Elog said on Friday in a statement to the press.
Two bills to guide the awaited referendum, and critical to defining the timelines, are yet to be legislated by Parliament.
National Assembly’s Justice Committee and that on Constitutional Implementation Oversight have harmonized the two bills but the same is yet to be adopted by Parliament.
ELOG said the gap in law accosted the Ekuru Aukot’s Punguza Mizigo Initiative county debate process.
“Noting that there are critical legal gaps in guiding the referendum process, we urge the National Assembly to fast-track the processing into law of the two referendum bills already on the floor of the house.”
“We have also recommended that the two bills be harmonized to enhance clarity and coherence to the process,” ELOG said.
The poll observers want early campaigns stopped saying they are illegal, considering the IEBC is yet to issue a notice of a referendum on the Constitution of Kenya (Amendment) Bill, 2020.
The team said early campaigns was the cause of the rising political temperatures and intolerance witnessed lately in the country.
“The public need to know that our election laws have clear provisions on when campaigns can be conducted either for referendum or general elections.”
ELOG has asked the police to probe the incident where youths attempted to disrupt ODM leader Raila Odinga’s rally in Githurai with a view to arresting the perpetrators.
“We request the relevant authorities to take action against those found violating the law.”
“We also request the DCI and police to conduct speedy investigations and apprehend those behind the spate of violence that is threatening to get out of hand,” ELOG said.
