Ndii case seeking to clip Parliament wings on BBI referred to Chief Justice
A petition seeking interpretation whether Parliament can pass any laws, that alter the basic structure of the Constitution has been referred to the Chief Justice (CJ).
Justice Anthony Mrima ruled that the petition which was filed by economist David Ndii and four activists is of immense public interest and the issues raised are not only weighty but also complex and unsettled.
“I am hence persuaded that this matter raises substantial points of law to warrant an expanded bench of the High Court.
The matter is hereby referred to the CJ to assign an uneven number of judges,” ruled the Judge.
Ndii filed the petition alongside Jerotich Seii, James Ngondi, Wanjiku Gikonyo and Ikal Angelei.
They have sued Chief Government Advisor, Speaker of the National Assembly Justin Muturi, Speaker of Senate Ken Lusaka and the Independent Electoral and Boundaries Commission.
They are challenging the constitutional amendments, which could deal a blow to the Building Bridges Initiative (BBI).
Meanwhile, Makueni Governor Kivutha Kibwana has moved to the Supreme Court to seek an advisory opinion on a raft of issues regarding the BBI.
Among the issues Prof Kibwana wants elucidated is whether a bill containing a proposed amendment should only be limited to an amendment of a single issue of the Constitution; whether national or county governments or state officers- acting in official capacity- are allowed by law to use public resources to finance or seek constitutional amendments.
According to Kivutha, the Constitution expects that amendments be limited to only one issue.
Governor Kivutha said packing too many issues in a bill to be amended will create confusion and affect the public’s ability to understand and effectively make the right choice.