PETITION TO PARLIAMENT
parliament, members of the county assemblies and the judiciaryreducing it to merely playing an advisory role. Further, the nationalassembly will be at liberty to determine their remuneration. This iscontrary to the spirit of the constitution and the will of the citizens.12.That an amendment to Article 260 virtually amends otherconstitutional provisions including Articles 1 (1), 1 (3) on sovereignty of the people, Articles 2(1),(3),(4) on supremacy of the constitution, article10 on national values and principles of governance and Articles 249 (1)and (2) on objects, authority of commissions and independent offices.13.That Article 255 of the constitution provides that any amendmentstouching on the supremacy of the Constitution, sovereignty of theConstitution, national values and independence of commissions canonly be approved by citizens through a referendum. Further, Article 256(2) requires parliament to facilitate public discussions on any bill thatseeks to amend the Constitution. These provisions have not beenadhered to and majority of Kenyans have not been sufficientlyconsulted in the articulation of the proposed amendment.14.The proposed amendment is therefore tantamount to
a betrayal of oath of office
by Members of Parliament, Judges, and Members of County Assemblies. All state officers were sworn in accordance with theprovisions of the Constitution and thus attempts to violate the sameConstitution by amending Article 260 will no doubt strip them of theircurrent status. As a consequence, they will have to seek fresh mandatefrom the people of Kenya.
15.To the best of our knowledge this matter has been initiated by theNational Assembly and has gone through the first reading of theNational Assembly.
16.To the best of our knowledge there is no matter before the courts onthe unconstitutionality of the Constitution of Kenya (Amendment) Bill2013.
THEREFORE your humble petitioners PRAY that the honorableParliament of the Republic of Kenya:
17.Initiate a motion to withdraw the Constitution of Kenya (Amendment)Bill 2013