BBI

Thirdway Alliance seeks court interpretation of BBI Bill 2020

Says that IEBC has no powers to receive and verify signatures under current circumstances.

In Summary

•As President Uhuru Kenyatta and Raila prepare for a referendum to determine the fate of the BBI Bill 2020, the Thirdway Alliance party has moved to court to seek an interpretation of the entire process.

•The party, through Mutuma Gichuru and Associates Advocates, has filed a case at the High Court seeking interpretation on whether the BBI amendment Bill being sponsored by the state qualifies to be a Popular Initiative as envisaged under Article 257 of the Constitution of Kenya.

President Uhuru Kenyatta and ODM leader Raila Odinga display copies of the BBI report at the State Lodge in Kisii on October 21, 2020.
President Uhuru Kenyatta and ODM leader Raila Odinga display copies of the BBI report at the State Lodge in Kisii on October 21, 2020.
Image: PSCU

The process seeking to make amendments to the 2010 Constitution is gaining momentum in the country.

On Friday, ODM leader Raila Odinga received a report of over 5 million signatures being collected from the BBI secretariat team.

As President Uhuru Kenyatta and Raila prepare for a referendum to determine the fate of the BBI Bill 2020, the Thirdway Alliance party has moved to court to seek an interpretation of the entire process.

The party, through Mutuma Gichuru and Associates Advocates, has filed a case at the High Court seeking interpretation on whether the BBI amendment Bill being sponsored by the state qualifies to be a Popular Initiative as envisaged under Article 257 of the Constitution of Kenya.

 The party wants the court to rule that the entire BBI process culminating in the launch of the bill was done unconstitutionally in the usurpation of people’s exercise of sovereign power.

“A declaration that at the time of launch of the BBI Bill 2020 and the collection of endorsement signatures, there was a legislation governing the collection, presentation, and verification signatures nor a legal framework or administrative structure to govern the conduct of a referendum in the country.”

It also says that IEBC, which is among the respondents in the case, cannot exercise its powers under Article 257, which is to receive, verify, and approve the bill under the current circumstances.

The party also wants the court to issue orders barring the BBI taskforce and the BBI secretariat from submitting the collected signatures to the electoral body.

It further wants the verification process of the signatures and the following process to be stopped until all Kenyans are explained to about the amendment in meaningful public participation.

On Friday, Raila told BBI opposers the document is good for Kenyans and that the journey continues.

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