COUNTY ASSEMBLY OF SIAYA
NOTICE OF MOTION
Motion Mover: Hon. Joannes Andiego, MCA.
AWARE that on 8th August, 2017 and 26th October 2017 IEBC conducted illegal, unconstitutional and undemocratic presidential elections.
RECOGNIZING the fact that the turnout for the presidential elections was thirty percent or thereabouts of the total number of all the registered voters in Kenya and therefore the President cannot by delegation or otherwise be properly vested with the peoples sovereign power and authority.
OBSERVING that the exercise of the executive authority by the President has in the past few years reintroduced the trappings of imperial presidency and despotic tendencies in the conduct of public affairs.
KNOWING that Parliament has been legislating unconstitutional, illegal, undemocratic and draconian laws, and in particular laws that contravene the Bill of rights and the principles for the electoral system; and
ACKNOWLEDGING the sovereign power of the people of Kenya, the supremacy of the Constitution of Kenya, 2010 and the sovereign right or authority of the people to determine the form of governance in Kenya.
THIS HOUSE RESOLVES AS FOLLOWS
- The presidential elections held on 8th August, 2017 and 26th October, 2017 were each and all invalid, null and void; and no government formed and/or president declared as a consequence thereof, and considering the negligible turnout in the presidential elections held on the latter date, can have constitutional authority or legitimacy to govern.
- A Peoples Assembly be formed to discuss and determine the affairs of the country and recommend a pathway towards and for the achievement of the promise, aspirations, objectives and rights and freedoms provided by the constitution of Kenya, 2010;
- The House and its membership will participate in the proceedings of the Peoples Assembly and will constitute a special college for the appointment or election of members, delegations and observers to the Peoples Assembly;
- A truly independent electoral and boundaries commission be established with a view of holding a fresh presidential election on or before 9th February 2018;
- The action and performance of constitutional commissions including Independent Electoral and Boundaries Commission, the National Police Service, the National Intelligence Service, the Public Service Commission, the Ethics and Anti-Corruption Commission and the National Cohesion and Integration Commission be reviewed with the purpose of ensuring that the said commissions are independent to enable them protect the sovereignty of the people and to promote constitutionalism.
- Appropriate measures be undertaken to safeguard and promote devolution and the organs and instruments of devolution including county assemblies and county governments and secure their financial viability and security with the ultimate objective of creation of larger and autonomous devolved units within one indivisible sovereign nation; and
- A review of the Constitution of Kenya 2010 be undertaken to reform the structure of the Executive and Parliament and devolution and to reinforce concrete measures for the promotion of inclusivity, the welfare of the marginalized, the advancement of women and youth, the eradication of corruption and poverty and to secure social justice, equality and fairness.
DATE: 8TH NOVEMBER 2017