REFERENDUM PUSH

BBI enjoined in case seeking to stop report

Moraa Gesicho is seeking orders to bar the team from presenting the report to the president.

In Summary

• Already High Court judge  has allowed the BBI to be enjoined as interested party in the  main case that sought to declare the task force unconstitutional.

• The first petition seeking to declare the taskforce unconstitutional has been filed by prof 

President Uhuru Kenyatta and Opposition leader Raila Odinga during the handshake on March 9 last year
UNWELCOME TRUCE: President Uhuru Kenyatta and Opposition leader Raila Odinga during the handshake on March 9 last year
Image: Jack Owuor

The High Court on Friday directed Building Bridges Initiative to file its response by Monday in an application seeking orders stopping them from submitting their report to President Uhuru Kenyatta.

Justice John Korir issued the direction after BBI sought more time to enable them file and serve their response in an application by researcher Moraa Gesicho, seeking orders to bar the team from presenting the report to the president.

 

The judge said that BBI should file its response and serve the same to Prof Gesicho by Monday after which she will also file her response by Tuesday.

In her notice of motion filed under certificate of urgency, Gesicho is seeking a temporary order of injunction  restraining the BBI from submitting its report to the president pending the hearing and determination of the application. 

Already, the  judge has allowed the BBI to be enjoined as interested party in the  main case sought to declare the taskforce unconstitutional.

 This was after BBI filed application seeking to be enjoined in a case challenging its establishment.

Gesicho says in her supporting affidavit that the BBI was unconstitutionally established and that should be barred from presenting the report to the president until the case before court is heard and determined.

"BBI stands to be greatly prejudiced if it is not afforded an opportunity to be heard in the present petition," said BBI in response.

The first petition seeking to declare the taskforce unconstitutional has been filed by Prof Gesicho who is also a researcher. The second petition, filed by Thirdway Alliance Kenya and another, sues the Head of Public Service Dr Joseph Kinyua and others.

BBI says that it is  of fundamental importance that the two petitions are heard and determined together as the issues raised are similar and affect the proposed interested party namely BBI.


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