Blow to Aukot as Court dismisses petition to nullify BBI taskforce

The High court has declined to declare the Building Bridges Initiative (BBI) taskforce unconstitutional and its report nullified.

Justice John Mativo ruled that there's no contradiction in the provisions of article 132 and 132 of the constitution.

"I find and hold that this petition fails and is dismissed with no orders as to costs," Mativo said.

The judge noted that the President was right to form the BBI and it has passed the legality test.

The petition was filed in December last year by Thirdway Alliance party leader Ekuru Aukot.

Aukot in the petition said ODM leader Raila Odinga had no legal mandate to negotiate the BBI with President Uhuru Kenyatta.

He said Raila is not recognised under the law and should not have an agreement with the President on national issues.

Through lawyer Elias Mutuma, Aukot said the formation of the Building Bridges Initiative team amounted to misuse of public funds.

He wanted the High Court to declare it unconstitutional and nullify its activities, including the report it produced after collecting public views.

But the taskforce dismissed the claims as mere allegations, saying Aukot had not demonstrated how the BBI was illegally established.

Through lawyer Jackson Awele, they said Aukot should state the provisions of the Constitution that had been violated and the manner in which it was done.

Aukot said "The initiative is a total waste of time and public money. Taskforce hearings were conducted in secrecy in selected parts of this country, hence leaving out many Kenyans, he added. 

“The President ought to have included all the political players in the handshake. There were other presidential candidates in the 2017 race, why Raila only?” Mutuma asked before Judge John Mativo.

Mutuma questioned the criteria the President used to select members of the taskforce and whether they were competent for the job.

He said they should have been vetted, adding that some have political inclinations. The President appointed the vision bearers without public participation and there was a clear intention to lock out everyone else, Mutuma argued.

“The appointment of the members of the taskforce did not comply with Article 10 of the Constitution... The Constitution talks about how and the mode of selection of members to be assigned a public duty,” Mutuma said.