The promoters of the Building Bridges Initiative (BBI) are former Dagoretti South MP Dennis Waweru and Suna East MP Junet Mohammed, this is according to Senior Counsel Otiende Amollo.
Speaking on Wednesday, June 30 during his submissions on the BBI appeal case, the Rarieda MP argued that contrary to the belief of many that it is President Uhuru Kenyatta who initiated the constitutional changes, the duo of Waweru and Junet are the ones who promoted the popular initiative.
SC Otiende now faults the High Court- which termed the BBI process as unconstitutional- for insisting to finding that President Uhuru was the promoter of the initiative against all evidence.
“Against all evidence which was not controverted, the promoters in this initiative were Hon. Dennis Waweru and Hon. Junet Mohamed. The court insists on finding that President Uhuru Kenyatta was the promoter of this initiative against all evidence. We want to submit categorically that the promoters of this initiative were the two gentlemen we have mentioned,” argued SC Otiende.
According to article 257 of the Constitution, SC Otiende argues, any person in the country including the president can support the initiative. This was in a bid to justify why President Uhuru has been seen to support the BBI.
President Uhuru acted outside his powers- High Court
While declaring the BBI process as unconstitutional, null and void, a five-judge bench comprising of George Odunga, Jairus Ngaah, Chacha Mwita, Janet Mulwa and Joel Ngugi unanimously ruled that President Uhuru acted outside his powers by initiating the process of amending the Constitution. “President cannot be an initiator of and an umpire in amendment of the Constitution,” said the court.
The judges further added: “The judges added: “In reality, BBI was the president’s initiative which is contrary to article 257 of the Constitution. The taskforce that morphed to a steering committee was an unlawful and unconstitutional outfit. It was invalid from the beginning.” committee was an unlawful and unconstitutional outfit. It was invalid from the beginning.”