Editor's Review

The Proposed Building Bridges Initiative (BBI) referendum has hit another snag after the Court of Appeal allowed the Thirdway Alliance Party Leader Miruru Waweru to introduce more evidence in the case to prove the process was unconstitutional.

The Proposed Building Bridges Initiative (BBI) referendum has hit another snag after the Court of Appeal allowed the Thirdway Alliance Party Leader Miruru Waweru to introduce more evidence in the case to prove the process was unconstitutional.

BBI is a brainchild of President Uhuru Kenyatta and former Prime Minister Raila Odinga and arose from the march 2018 handshake that united the former political foes.

President Uhuru Kenyatta and former Prime Minister Raila Odinga/ Photo Courtesy

A BBI task force was later formed which went round the country collecting public opinion on a proposed amendment of the 2010 Constitution. A BBI steering committee was later formed for a constitutional amendment process.

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This culminated in the Constitutional Amendment Act 2020 which was submitted to the 47 counties for consideration. A majority voted in favour of the proposed referendum with parliament also voting in favour of the same.

With a referendum seeming inevitable, petitioners took to the courts, amalgamated all the cases against the proposed plebiscite and delivered a judgment on May 13th 2021.

5 High Court Judges sitting in the case 'David Ndii And Others vs The Attorney General and Others' declared the entire process unconstitutional.

The five Justices, Teresia Mumbua Matheka, George Vincent Odunga, Joel Mwaura Ngugi, Jairus Ngaah and Enock Chacha Mwita, declared that the Constitution Amendment Act of 2020 was an initiative of President Uhuru Kenyatta. This is in contravention to the constitution.

With an appeal having been filed at the Court of Appeal, a 7 Judge bench was constituted by Court of Appeal President Daniel Musinga. He will preside over a bench featuring Justices Roselyn Nambuye, Hannah Okwengu, Partick Kiage, Gatembu Kairu, Fatuma Sichale and Francis Tuiyott.

The case at the Appellate Court will now feature new evidence from Thirdway Alliance Party Chairman Miruru Wacheru.

Having been filed as urgent, the case kicks off on June 29th and will end on July 2nd.