Nipate
Forum => Kenya Discussion => Topic started by: Omollo on September 14, 2017, 08:56:52 PM
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56. However, Articles 255, 256 and 257of the Constitution provide for the amendment of the Constitution and the manner of effecting the proposed amendment. Article 255 (1) states as follows:
“A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters-
(a) the supremacy of this Constitution;
(b) the territory of Kenya;
(c) the sovereignty of the people;
(d) the national values and principles of governance mentioned in Article 10 (2) to (d);
(e) the Bill of Rights
57. There is therefore a constitutional way of seeking to amend the Constitution to define the territory of Kenya and the sovereignty of the people, among other issues. That in essence implies that we, the people of Kenya, in adopting, enacting and giving the new Constitution to ourselves and to our future generations, (as the preamble states), we recognised a constitutional right to secession. However, that can only be done in the manner stipulated under the Constitution and not otherwise.
http://kenyalaw.org/caselaw/cases/view/123880/