Senate Minority Leader James Orengo has assured protagonists of the Building Bridges Initiative (BBI) a brutal court battle to salvage the bill.
This is after the BBI secretariat appealed a decision by the High Court declaring the Constitutional Amendment Bill 2020, as unconstitutional.
The Siaya Senator yesterday, May 22, 2021, accused a section of leaders of turning their back on ODM leader Raila Odinga when things became tough.
The former premier, the BBI secretariat, Attorney General Paul Kihara joined the Independent Electoral and Boundaries Commission (IEBC) in appealing the decision by the High Court.
AG Kihara in his appeal argued that if the Court of Appeal did not quash the five-judge bench ruling, the president will be vulnerable to multiple law suits, after they ruled that he had subverted provisions of the Constitution on leadership and Integrity.
Read More
He further argued that the High Court had erred in ruling against the BBI as it had received the requisite constitutional approval from members of the public and leaders.
Raila petitioned that the ruling be dismissed on grounds that it reduces President Uhuru Kenyatta to a mere spectator in the constitutional amendment process.
The former Premier argued that the decision by the high court demeans the sovereignty of the people, noting that 5 million Kenyans appended their signatures to endorse the bill.
"The judges erred in law in their interpretation and application of the basic structure doctrine," Raila's petition reads in part.
He further argued that the judges were wrong on who and who cannot promote a constitutional amendment process through a popular initiative.
Raila and the BBI secretariat want IEBC to prepare for a referendum pending determination of the appeal. Lawyers say there will be no time to prepare for BBI changes before 2022.
