The High Court has issued a temporary conservatory order restraining the national polls body from subjecting the Constitutional Amendment Bill 2020 popularly known as BBI Bill to a referendum.
The Turkana County Assembly and Thirdway Alliance had sought to stop consideration of the Bill by other county assemblies and Parliament pending determination of the consolidated petitions.
On Monday, the 5-judge bench presided by Justice Joel Ngugi issued the order pending hearing and determination of the petition as consolidated with six others.
They however ruled that County Assemblies and Parliament are to continue with deliberations and public engagements and participation of the Referendum on BBI Bill.
Lawyer Elias Mutuma, for the Thirdway Alliance Party had told the court: “By the time the court sits to hear the petition in March 2021 the County Assemblies, National assembly and Senate shall have debated the said bill thus rendering the Petition moot and nugatory,” the
According to him, the Independent Electoral and Boundaries Commission (IEBC) and proponents of the BBI Bill have been hastily moving towards a referendum and the petition by the Thirdway Alliance party was likely to be affected.
The party further sought to have the court rule that the entire BBI process culminating in the launch of the Bill was done unconstitutionally.
“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,” the petition reads.