Thirdway Alliance sue BBI
The party filed an urgent constitutional petition at the High Court challenging legality of the amendment Bill 2020, and asked the court to stop the process pending hearing and determination of the suit.
Through lawyer Elias Mutuma, it was aggrieved by the use of the state machinery to collect signatures. It also faulted the seven-day period given by the BBI proponents for signature collection, saying it was not sufficient time for Kenyans to read and understand what they were endorsing.
“The Bill is government-sponsored and not a citizen-driven constitutional amendment that would qualify as a popular initiative. It was not flagged by the citizens as envisaged in Article 257 of the Constitution and should not be subjected to a referendum,” said Mr Mutu
Thirdway Alliance argues that the BBI initiative was a political truce between President Uhuru Kenyatta and ODM leader Raila Odinga that should not be used as a basis to make changes to the Constitution.
Further, it wants the BBI secretariat restrained from presenting signatures to IEBC for verification and in the event that they are presented, the court should stop the commission from presenting the Bill to the 47 county assemblies for debate.
“The use of government machinery, state resources and coercion of state officers including Cabinet secretaries, county commissioners, chiefs and heads of state agencies to collect signatures was a clear demonstration of forcing the constitutional amendment on Kenyans,” said Mutuma.