Court bars Punguza Mzigo Bill debate in county assemblies

The Punguza Mzigo Bill that had hit momentum across the country has hit a snag after the High Court barred the 47 county assemblies from debating it.

The bill was fronted by Thirdway Alliance Party and has already been taken to several county assemblies. The party, led by Ekuru Aukot, will have to wait for the conclusion of a case filed against their proposed constitutional amendments.

The orders issued by the court will be in force for the next 14 days or until further directions.

Justice James Makau further prohibited approving the said bill or sending it to the Speaker of the National Assembly.

He directed Thirdway Alliance, through lawyer Elias Mutuma, to file its responses within five days and appear in court on August 13 for the hearing of the case.

The International Economic Law Centre and David Ngari have challenged the bill, arguing that most of its proposals will ultimately require a national referendum under Article 255(2). Also included in the case are the IEBC, the speakers of the National Assembly and the Senate and 47 speakers of the county assemblies.

They were allowed to serve the orders of the court to the parties through the newspapers.

Ngari alleges that the Bill was procured through deceit and illegalities since the signatures are not genuine. He argues that the verification process was done mechanically, yet the law says voters should be registered biometrically.

The lobby group has also opposed the proposal that seeks to make the Senate the upper House with veto powers, saying that would cause legislative confusion.

They also argue that as currently constituted, the IEBC does not have a quorum. It has only three commissioners, including the chairman.

In their view, the commissions cannot receive, verify and approve a Bill for amendment under a popular initiative, adding that under Article 257 of the Constitution, they should be at least five.

"The IEBC as presently constituted lacks constitutional competence and technical capacity to admit, process and approve the proposed Bill together with the supporting documents and signatures of registered voters as presented," they argued.