Can Parliament amend the Constitution?

It is reported that Parliament has approved a Constitutional Amendment Bill. Details are still scanty, but the question we need to answer is whether Parliament has the authority to amend the Constitution at this stage. This post is less concerned with the question whether Parliament should amend the constitution.

The constitution can only be amended Parliament, that is the National Assembly and Senate. According to the transitional clauses the current National Assembly has authority to act both as the National Assembly and the Senate. The proposed amendments will address Article 27, 81, 101 and 136 of the Constitution. Article 27 (of the Bill of Rights)  is the equal protection cause and therefore protected clause. This means that an amendment must be approved through a referendum. I estimate that it will be an uphill task to amend this constitution at this stage.

Of critical importance is the requirement that the public must be involved in the process. The Commission on Implementation of the Constitution (C.I.C) must be involved since we are still in the transition period. Kenyans must remain eternally vigilant and Parliament must know that we are watching keenly. The judiciary must be ready to interpret the letter of the law as it is, once called upon to do so.

My interim thoughts.