Political commentator Edward Kisiang'ani has proposed the use of the Supreme Court to decide the way forward for the Building Bridges Initiative (BBI) report.
This comes amid a heated debate within the political scene, where political players are divided between using the parliament or referendum to implement the recommendations.
Kisiang'ani has seconded an opinion by lawyer Ahmednasir Abdullahi, that the stalemate should see the Supreme Court consulted on what the constitution says on such an issue.
He said that the Chief Justice David Maraga-led institution should be consulted to translate articles 255, 256 and 257 of the Constitution which touches on the constitutional amendment issue.
"I agree with Senior Counsel Ahamednasir Abdullahi that the Supreme Court must determine the platform for dealing with the BBI recommendations, arguing as I have always done here, that the quest for referendum must be understood under Articles 255, 256 and 257 of our Constitution," Kisiang'ani tweeted on Monday.
In a tweet, Mr Abdullahi indicated that the stalemate should not be left to the nation's political elite to solve, but be handled according to the constitution.
He termed it wrong that the issue currently seems left in the hands of President Uhuru Kenyatta, his Deputy William Ruto, ODM leader Raila Odinga and COTU boss Francis Atwoli, an opinion Kisiangani is fully behind.
The University of Nairobi professor now says that should things head to the courts, then the process of amending the constitution might be longer.
"So it won't be Uhuru, Ruto. Atwoli, Raila or Muturi to decide whether or not there should be a BBI referendum. Rather, it will be the Supreme Court interpreting our Constitution through Articles 255,256 and 257. The task ahead is still daunting!" he noted in another tweet.
While Raila, Uhuru and their allies are of the opinion that a referendum is the best route, allies of Ruto have rooted for a parliamentary mode of implementing the proposed changes.