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Clerk of the Senate,
Main Parliament Buildings,
P.O. Box 41842-00100,
NAIROBI

Dear Sir,

MEMORANDUM OF TOTAL REJECTION OF THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL, 2024 (SENATE BILLS NO 46 OF 2024)

I, Eric Koome , a Kenyan citizen concerned with matters concerning our beloved nation, hereby table my concern by expressing my rejection of the proposed Constitution of Kenya (Amendment) No. 2 Bill, 2024 in its entirety. This rejection is based on the contravention of Article 255 (1) of the Constitution of Kenya, 2010.

The Constitution explicitly requires that any amendment relating to:

the supremacy of this Constitution
the territory of Kenya
the sovereignty of the people
the national values and principles of governance
the Bill of Rights
the term of office of the President
the independence of the Judiciary and independent offices
the functions of Parliament
the objects, principles and structure of devolved government
must be approved through a referendum.

Furthermore, Article 255(2) mandates that such amendments require:

At least 20% voter participation in half of all counties
A simple majority support in the referendum
The proposed amendment seeks to bypass these crucial democratic safeguards. This attempt to circumvent proper constitutional procedures threatens the very foundation of our democracy and the principle of public participation.

I therefore urge the Senate to reject this bill and uphold the constitutional requirement for proper public participation through a referendum.

Yours faithfully,
Eric Koome