Petitioner wants President Kenyatta to repay money spent on BBI

Petitioner wants President Kenyatta to repay money spent on BBI
File image of President Uhuru Kenyatta speaking at the funeral service of Mama Hannah Mudavadi at Mululu village in Vihiga County on January 9, 2021. PHOTO| COURTESY

A petitioner wants the Court of Appeal to order President Uhuru Kenyatta to personally refund money amounting to billions of shillings that he claims has been used to popularize the constitutional amendment proposals through the BBI process.

The cases surrounding the BBI appeal continue to pile in court, with the latest being a petitioner seeking to have express orders from the Court of Appeal after failing to get similar orders from the high court.

According to the petitioner, Morara Omoke, the cross petition seeks to have President Kenyatta ordered to personally refund to the National Treasury the public funds utilized by the BBI steering committee in promoting the bill.

In the petition, the Head of State is accused of using public funds to sway the decision of the members of the county assemblies to pass the BBI bill.

Omoke claims that a huge amount of public funds was used including a Ksh.4 billion car grant to MCAs that had been utilized by the president in the promotion of the amendments through the BBI.

The petitioner wants the Court of Appeal to order President Kenyatta to dissolve parliament in accordance with the advice of former Chief Justice David Maraga.

Maraga had last year issued an advisory to the president to have parliament dissolved and a fresh parliamentary election held for failure to actualize the two thirds constitutional requirement.

In the cross appeal, Parliament had no legal or constitutional capacity to debate or approve the bill in view of the advice issued by Maraga to President Kenyatta.

The petitioner has also brought to the attention of the Appellate court judges the rise in COVID-19 cases during the height of the BBI popularisation campaigns.

The petitioner says the surge in COVID-19 cases in the country associated with rallies led by President Kenyatta and Raila Odinga to popularize the BBI violated the obligations under Article 43 of the Constitution.

The petitioner had filed similar prayers before the five judge bench that declared the BBI process unconstitutional, null and void but was not given the orders and now wants the appeal court judges to grant him express orders that directly touch on the president.

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Story By Stephen Letoo
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