The Executive has recently proposed amendments to the Constitution, i still wait for the draft Bill. But in the meantime, i have some thoughts.The role of the executive's basic role is to enforce the law including the constitution. The executive has usurped the role of the Judiciary by interpreting the constitution and concluding that elections should be held in December 2012, instead of August 2012 as clearly stated in the constitution. By suggesting December 2012 as the elections month, the executive has gone beyond the plain letter of the constitution.
In addittion the executive has read the constitution (as we all have) and concluded that the one-third gender rule cannot possibly be implemented. Recalling that the High Court recently ruled on this principle in the case of Federation of Women Lawyers (FIDA) and Others v Attorney General and Others. The court stated that parliament ought to be afforded time to enact legislation to enforce the principle.
The executive should therefore only act after the judiciary has conclusively ruled that elections must be held in December 2012 and that it is next to impossible to implement the one-third rule in Article 27.
Constitutional amendments at this stage are therefore unlawful and are not in the best interests of this country.
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