Attorney General Paul Kihara wants the court to dismiss the case filed to stop the Building Bridges Initiative (BBI) campaigns.
The AG argues that the case filed by David Ndii, Jerotich Seii, Jane Ngondi, Wanjiru Gikonyo and Ikal Angelei is wrongly timed and will not to cut short the BBI campaigns backed by handshake partners President Uhuru Kenyatta and former Prime Minister Raila Odinga.
“The petition as framed offends the principle of justiciability on account of want of ripeness,” the AG said in his response.
Lawyer Immanuel Mbita who is representing the state in the case said the court has no powers to hear the case, it should heard at the Supreme Court.
He further argued that Ndii and co petitioners were wrong to think that seeking an advisoring is wrong.
Mbita wants the court to throw the case out because it is challenging the will of the people to decide on what they want.
“To the extent that the petition challenges the sovereignty of the people of Kenya, more particularly the legality of Articles One, Two and Three of the Constitution, the petition is non-justiciable,” he argued.
But the petitioners argues that the country already has a good laws enough to deal with complaints problems raised in the BBI report and so should be implement.
The petitioners also claim that the country should not be steered into unchartered waters, driven by a few political bigwigs instead of a wave of change by Kenyans which is similar to the energy and zeal that did away with the 1969 Constitution.
They urged the court to stop the BBI campaigns that will change the 2010 constitution because the proponents are aiming to plunge the country’s political future in uncertainty.
“If they alter the four sections, we would be creating a new Constitution with a new political order,” the petitioners told the court.