The recently unveiled Building Bridges Initiative (BBI) report has elicited mixed reactions in the country with a section rooting for its implementation through a referendum while others calling for a parliamentary process.
As the debate gets tense by the day, city lawyer Ahmednasir Abdullahi has opined that the discourse might end up in the highest court of the land, the Supreme Court.
In a tweet on Monday, Ahmednasir stated that the process the report will be subjected to will not be decided by the handshake partners, that is President Uhuru Kenyatta and Raila Odinga, nor the Deputy President William Ruto, but the constitution of the land.
This, he said, is provided for in Articles 255, 256, and 257 of the 2010 constitution.
“That question will be decided by a 5 [five] judge H.C bench, it will go to the court of Appeal and then the Supreme Court, ” Ahmednasir opined.
Read: Moses Kuria Threatens To Have Speaker Muturi Impeached Over BBI Report
“Because the Constitution provides for clear and elaborate procedures on how it can be amended.
Whether BBI report will be adopted through a referendum or parliament is a monumental CONSTITUTIONAL question and it will not be decided by H.E Uhuru, Hon Ruto or Hon Raila.That question will be decided by a 5 judge H.C bench, it will go the Court of Appeal and then SUPREME COURT
— Ahmednasir Abdullahi SC (@ahmednasirlaw) December 2, 2019
Kenyans can read for themselves Articles 255, 256 and 257 that provide 3 distinct ways to amend the constitution. The three articles are CONSTITUTIONAL MINEFIELDS… pic.twitter.com/TLngSlEd3p
— Ahmednasir Abdullahi SC (@ahmednasirlaw) December 2, 2019
Leaders allied to DP Ruto have dismissed calls for a referendum saying the BBI recommendations can be adopted through a parliamentary process.
DP Ruto and his allies in an unexpected turn of events recently declared their support for the BBI saying only a few issues should be reviewed.
However, leaders close to Raila, the Orange Democratic Movement (ODM), have maintained that only the people can decide on what’s best for them, hence, calls for a referendum.
Read Also: Denis Itumbi Chased Away From The Podium During BBI Launch (Video)
Already, Gatundu South Member of Parliament Moses Kuria has declared intention to impeach National Assembly Speaker Justin Muturi for alluding that the report should be passed through the referendum as it’s people-centred.
“If it was Justice Maraga pronouncing himself in a public baraza on how he will rule on a matter before court, there would be no devils in hell. They would all be in Kenya. Why Justin Muturi would allow himself to be bribed with a tilapia meal by John Mbadi in Migori to rule out a parliamentary route for BBI is a mystery for me. Today I will start collecting signatures to impeach him,” the legislator wrote on Facebook.
Read Also: Powerful President, Prime Minister Post And Reduced Parliamentary Budget: BBI Report At Glance
The report was submitted to the President and Raila on Tuesday last week and made public on Wednesday at the Bomas of Kenya.
The report recommends, among other things, the creation of the Prime Minister position and the runner-up in a Presidential election becomes the leader of opposition in parliament.
The team chaired by Garissa Senator Yusuf Haji, in their proposals, retained the President as the Head of State.
The BBI proposed that the Prime Minister may be dismissed by the President or through a vote of no confidence in the National Assembly.
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