The decision by the Baringo County Assembly to reject the BBI Bill might not count after all.
This is after, a High Court in Kabarnet prohibited the National assembly and Senate Speakers from admitting to the house the MCAs decision.
The ruling was made after six people filed a petition to challenge the decision by MCAs.
Justice Justus Momanyi further referred a petition to the acting Chief Justice Philomena Mwilu for directions.
“By consent of both counsels the petition is referred to the Acting Chief Justice Philomena Mwilu to empanel a bench of three or five judges to hear and determine the application and the petition since it raises weighty issues of constitutional law and public importance,” said Justice Momanyi.
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The suit was filed by three ward representatives and three residents of Baringo County challenging the outcome of the February 11, debate that was marred by chaos. Notably, Baringo is the only county that has rejected the bill.
Through lawyer Gordon Ogola, the petitioners said the conduct of the speaker and the clerk, and the proceedings of February 11 concerning the debate of the BBI Bill contravened the provisions of Section 9 of the County Governments Act.
“There was chaos in the house and as such the environment was not conducive for debating and voting. This a constitutional making process and the role of the citizens cannot be overlooked,” said Ogola.
Lawyer Betty Toroitich on behalf of the assembly said the orders sought had been overtaken by events as already a certificate of rejection had been prepared and submitted to the National Assembly and Senate Speakers.
Despite the county rejecting the bill, it has the green light to proceed to the referendum after 24 counties adopted it.
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