Petition filed seeking to have President Kenyatta personally refund money spent on BBI process

A petitioner has filed a cross appeal at the Appellate Court joining the list of applicants defending the decision by the five-judge bench at the High Court that halted the Building Bridges Initiative (BBI) process.

The petitioner, through lawyer Morara Omoke, is among other things seeking to have President Uhuru Kenyatta personally refund to the National Treasury money used by the BBI steering committee in promoting the bill.

The petitioner also wants the Court of Appeal to order President Kenyatta to dissolve Parliament in compliance with the advisory from the Supreme Court last year.

The petitioner says Parliament had no legal capacity to debate the bill following an advisory by former Chief Justice David Maraga that declared the 12th Parliament as unconstitutional for failing to meet the two-thirds gender rule.

A High Court late last month, arising from eight petitions that raised 17 issues, declared the BBI driven Constitution of Kenya Amendment Bill 2020 as unconstitutional.

Some of the pleadings of the petitioners included whether BBI satisfied the constitutional interpretation of a popular initiative, whether the referendum will have one question or multiple questions, and also who has the mandate of creating constituencies among others.

The five-judge bench of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita said an amendment can either be initiated by a Parliamentary or popular initiative, not the President.

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