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, represented by lawyer Morara Omoke, is requesting that President Uhuru Kenyatta personally refund to the National Treasury money used by the BBI steering committee to promote the bill.
The petitioner also wants the Court of Appeal to order President Kenyatta to dissolve Parliament in accordance with the Supreme Court’s advisory issued last year.
The petitioner claims that Parliament had no legal capacity to debate the bill after former Chief Justice David Maraga issued an advisory declaring the 12th Parliament unconstitutional for failing to meet the two-thirds gender rule.
The BBI-driven Constitution of Kenya Amendment Bill 2020 was declared unconstitutional by a High Court late last month, following eight petitions that raised 17 issues.
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