The High Court in Kabarnet has barred the National Assembly and Senate Speakers from accepting the verdict of the Members of the Baringo County Assembly on Building Bridges Initiative (BBI) Bill.
Six people filed a petition challenging the rejection of the Bill and Justice Justus Momanyi referred it to the acting Chief Justice Philomena Mwilu for directions.
In his ruling delivered yesterday, Justice Momanyi said, “By consent of both counsels the petition is referred to the Acting Chief Justice Philomena Mwilu to empanel a bench of three or five judges to hear and determine the application and the petition since it raises weighty issues of constitutional law and public importance."
His orders were in response to the suit filed by three ward representatives and three residents of Baringo County challenging the outcome of the February 11, debate that was marred by chaos.
Former MCA Christine Ndoigo and residents Finis Obai and Vincent Korir joined MCAs Ameja Zelemoi (Churo Amaya Ward), Ernest Tarus (Kabarnet Ward) and Jebet Birchogo (nominated) in filing the suit.
Their aim was for the court to issue orders barring Speaker David Kerich from certifying the results of the February 11 sittings that became chaotic.
The respondents in the case are the speaker of the assembly, the clerk, the speaker of the Senate, the clerk to the senate, the National Assembly and the Clerk National Assembly, as named by the six people filing the petition.
In their petition, the six, through lawyer Gordon Ogola, said the conduct of the speaker and the clerk, and the proceedings of February 11 concerning the debate of the BBI Bill contravened the provisions of Section 9 of the County Governments Act.
Ogola noted that the role of the citizens cannot be overlooked given that it is a constitutional-making process.
“There was chaos in the house and as such the environment was not conducive for debating and voting. This a constitutional making process and the role of the citizens cannot be overlooked,” Ogola stated.
According to Lawyer Betty Toroitich, who represented the assembly, a certificate of rejection had already been prepared and submitted to the National Assembly and Senate Speakers therefore the orders sought had been overtaken by events.
Lawyer Ogola responded by saying the orders sought were not limited to the County Assembly but barred all the respondents including the speakers of the National Assembly and Senate from acting on the resolution by the Baringo County Assembly.
As per Justice Momanyi's directive to Acting Chief Justice Philomena Mwilu, the case is to be heard by constitutional of a three-judge Bench who will determine it as it raises weighty constitutional matters and of public interest.
In the Notice of Motion filed in Court, the judge granted prayers two and four which are sought to restrain the respondents in the case from acting in any manner whatsoever implementing the decision of the assembly to reject the Constitution of Kenya (Amendment) Bill, 2020.
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