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Mutua urges lawyers to think carefully

05 September 2014, 22:51

Nairobi - Law Society of Kenya Chairman, Dr. Eric Mutua has called upon lawyers to reflect and think deeply before making any decisions pertaining to the proposed referendum by the CORD coalition and governors.

Speaking in a consultative forum in a Nairobi hotel today, Mutua urged lawyers not to take sides because of being affiliated to the opposing or supporting groups but follow the rule of law when making decisions.

However, Mutua hinted that some clauses in the constitution needs to be amended in order for the public to observe court orders, citing an example sinking of the ship done recently by President Kenyatta when there was a court order barring him.

Chair of governors Isaac Rutto, who was present said many issues governors have raised are valid and its only the constitution can solve them since their effort to use other institution bore no fruit.

Also read: Ruto laughs off referendum threats

“We were promised that many of these issues will be sorted in parliament but there have been no major amendments and we have decided to go for the last resort,” he said.

Rutto added that they won’t be intimidated in order to tow a particular way and if there are any accountability issues senate committees want to know can be done as a duty and not a privilege.

Former Vice President, Kalonzo Musyoka said the referendum must go on so that it can solve the issues, among them, inclusivity and equitable distribution of resources and the Independent and Electoral Boundaries Commission so that in future the country can elect their leaders without fearing that their vote might be tampered with.

“We must look the matter in a clear angle so that these issues can not affect the future generations. The constitution is a living document that must reflect the conditions of the people and we must not shy from amending it,” he said citing an example of America where the constitution was amended only six months after it was passed.

He urged citizens not to perceive the referendum issue as a CORD affair but a good will for the people.

Elgeyo Marakwet County, Senator Kipchumba Murkomen however disagreed with them terming the timing as bad and it will be wastage of taxpayer’s money.

“There is no crisis in the country and there is no problem when we add an extra box in the 2017 elections to solve referendum issues to avoid a lot of money wastage,” he said.   

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