HEARING ON OCTOBER 16

BBI, AG oppose application against task force

They defend Uhuru-Raila national unity initiative as anchored in law

In Summary
  • Objection is in response to an application filed by researcher Moraa Gesicho
  • She wants task force barred from presenting report to President until case against BBI is determined
BBI chairman Senator Yusuf Haji and Busia Senator Amos Wako at the citizens' engagement forum in Nairobi
COLLECTING VIEWS: BBI chairman Senator Yusuf Haji and Busia Senator Amos Wako at the citizens' engagement forum in Nairobi
Image: FAITH MUTEGI

The BBI task force and the Attorney General have opposed an application for court orders to stop the team from submitting its report to President Kenyatta.

The objection is in response to an application filed by researcher Moraa Gesicho.

Task force lawyer Ochieng Oginga accused the petitioner of abusing the court process as she has been secretly filing applications without serving affected parties.

"The present application is one of the many applications by the applicant which demonstrates bad faith and misuse of this honourable court's process," he said.

Oginga said Gesicho was using the court to play politics and seek relevance, thus demeaning the integrity of the court.

She is guilty of misleading the court by making false assertions in support of the application, he said.

Attorney General Kihara Kariuki who is listed in the suit as first respondent has also opposed the application.

The AG through state counsel Lydiah Ndirangu said the application is tantamount to subverting the will of the people through the Executive as provided under Article 129 of the Constitution.

"The establishment of the BBI was based on a join communique between President Uhuru Kenyatta and Hon.Raila Odinga with the aim of end the "stalemate" following the October 2017 re-elections," the AG said.

He said the mandate of the BBI includes evaluation of national challenges as outlined in the joint communique, including ethnic antagonism, lack of national ethos, inclusivity, devolution, security and corruption.

 

The AG said the petitioner fails to sufficiently demonstrate with concrete evidence any violation of the Constitution or any other law in the execution of the mandate of the BBI and submission of its report to the President.

"The BBI mandate is required to prepare a report for submission to the President with reform proposals, practical recommendations on the identified challenges as well as implementation modalities to build lasting unity," the AG said.

He said in carrying out its mandate the BBI conducted consultation with citizens, cultural and religious leaders, the private sector and experts.

The AG said the public interest tilts in favour of the BBI executing its mandate which includes submitting its report to the President.

Yesterday, High Court judge Weldon Korir directed the petitioner to file her response to the application by the AG and BBI within 14 days before returning to court on October 16 for hearing of the main application.

The High Court on Friday directed  the BBI task force to file its response by Monday in application seeking orders stopping them from submitting it's report to President Uhuru.

In her notice of motion filed under certificate of urgency, Gesicho seeks a temporary  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 that seeks to declare the task force unconstitutional.

Gesicho says in her supporting affidavit that the BBI was unconstitutionally established.