Kenya secession debate Raila’s lawyer formally launches legal process of dividing Kenya

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NASA legal minds have set up the foundation of separating Kenyan into two countries.

NASA lawyers (left-right) Peter Kaluma, Otiende Amollo, and James Orengo play NASA lawyers (left-right) Peter Kaluma, Otiende Amollo, and James Orengo (twitter)

The Opposition’s threat of secession has finally become real after one of NASA leader Raila Odinga’s lawyers formally started the legal process of dividing the country.

Peter Kaluma, who represented Odinga during the August Supreme Court petition, notified the IEBC of a bill which seeks to amend the constitution and create two republics.

The bill was drafted by NASA’s legal minds and sought to amend Article 5 of the constitution which sets the boundaries of the Republic of Kenya. The amendment will also trigger a referendum.

It is proposed to amend the Constitution of Kenya 2010 under 255(1)(b) and (2) of the Constitution as read together with Article 5 of the Constitution to redefine the territory of Kenya and allow for the creation of two new countries,” Kaluma’s bill reads in part.

play Raila Odinga (right) with Gregory B Simpkins of US Congressional Committee (Daily Nation)


Article 5 of the Kenyan constitution states that Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.

Kaluma, who is also the Homa Bay Town MP, has asked the IEBC to put in place the necessary measures needed for a referendum.

If the IEBC is satisfied the requirements are met, Kaluma will then submit the draft bill to each county assembly within three months.

The law requires that at least 20 percent of registered voters in each of at least 24 counties must participate in the referendum for it to be approved.

play NASA leaders at the Kakamega County Assembly when the People's Assembly motion was adopted (The Star)


Upon approval, the bill would have to be passed by both Houses of Parliament and if either of the houses rejects it, the people would directly make a choice through a referendum. Given its reduced numbers in Parliament, NASA is keen on having the referendum option.

The development came at the same time that Odinga commented on the secession debate. During his current US trip, he explained that the sustained calls for secession were necessitated by exclusion perpetuated by the Jubilee regime.

At the same time, Coast and Nyanza leaders have separately indicated that they would push for secession.

 If approved by the majority of assemblies, the Bill will be introduced in Parliament for approval before a referendum is held.

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