Activist Okiyah Omtatah Files Constitutional Amendment Petition on Kenya's Election System

Renowned activist Okiya Omtatah has drafted a Bill to amend the Constitution and have Kenya adopt the electoral college system when voting for the president, as is done in the United States (US).

Omtatah, who vied for the Busia seat on a Ford-Kenya ticket but lost to Amos Wako of ODM, wants Article 138 of the Constitution amended to provide for electoral college system where the President and his deputy would be elected on a county-by-county basis, as opposed to the current system where both are declared winners based on the popular vote.

"Each one of the 47 counties shall constitute one presidential electoral point and each one of the 290 constituencies shall also constitute one presidential electoral point," the draft reads in part.

According to the draft, the total number of electoral points for electing the President shall be 337, representing 290 constituencies plus 47 counties.

The Bill argues that the status of the minority groups would be enhanced by devolving the presidency.

"By making the votes of a given county an all-or-nothing affair, minority groups can provide the critical edge that enables a candidate to win.

"This will encourage candidates to court a wide variety of such minorities and advocacy groups," Omtatah stated.

In case the National Assembly rejects his petition, the amendment will require one million signatures to trigger a referendum. 

After the signatures are collected, the motion would be tabled in all 47 county assemblies.

An approval from 24 counties is required for the Bill to be forwarded to the National assembly for consideration.

Should Parliament pass it, then it is signed into law by the President.