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In a few hours time, there shall be a revisiting in the Judiciary, but in a very different sense of the word.
When Uhuru made his now famous remark in State House about revisiting the Judiciary later after he has consolidated power, he may have had Maraga in mind, but just soon after his threat, High Court Judge, George Odunga, had an agonising surprise in store for him. In a ruling, he declared IEBC’s gazettement of 290 returning officers illegal, and thereby, putting in doubt the fresh election through which Uhuru intended to legitimise his presidency.
Four years later, and it seems Uhuru will today be revisiting the situation, but not quite in the way he imagined.
Just like in 2017, the Independent Electoral and Boundaries Commission is a respondent in a case in which Judge Odunga is presiding over shortly. However, unlike the last time, the players here are many. The other respondents alongside IEBC include, The National Assembly Speaker Justin Muturi, his Senate counterpart Ken Lusaka, and Attorney General Kihara Kariuki.
A five Judge-bench comprising of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Janet Mulwa and Chacha Mwita will be the body making the do or die decision today.
The petitioners in the case challenging the BBI include economist David Ndii, Kenya National Union of Nurses, Thirdway Alliance, 254Hope, Justus Juma, Moraa Omoke, Isaac Aluochier and Muhuri.
They are challenging the constitutional amendments, which could deal a blow to the Building Bridges Initiative.
According to them, Chapter One of the Constitution on Sovereignty of the People and Supremacy of the Constitution, Chapter Two on the Republic, Chapter Four on the Bill of Rights, Chapter Nine on the Executive and Chapter 10 on the Judiciary, which BBI intends to rely on cannot be amended.
“The recent developments in the country’s legislative history confirm a threatened abrogation, contravention and violation of Chapters 1, 2, 4, 9 and 10 and in particular Articles 256 and 257 of the Constitution by the respondents,” they say in court documents.
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