Raila Odinga’s Legal Bid to Resuscitate BBI

Orange Democratic Movement (ODM) has filed an appeal that singles out 16 key issues ignored by the High Court during the BBI verdict. 

ODM leader Raila Odinga faulted the court for usurping the will of over three million Kenyans who appended their signatures seeking to amend the Constitution of Kenya. 

Raila alleged that High Court deliberately ignored the evidence that was presented to it about the ratification of the initiative by the aforementioned number of people.

ODM alleged that Justices George Odunga, Joel Ngugi, Chacha Mwita, Jairus Ngaah and Teresia Matheka erred by declaring themselves as the decision makers of amendable parts of the constitution. In their ruling at Milimani Law Court on May 13, the judges highlighted 17 issues, which influenced the outcome.

Odinga argued that the five-court bench blundered when they stopped a non-existent BBI steering committee for the implementation of the BBI Taskforce Report whose tenure had expired in 2020.  

ODM further accused the court for disregarding the evidence that revealed that President Uhuru Kenyatta was not the promoter of the BBI driven constitution amendment Bill, 2020. Reports indicate that promoters of the Bill are Dennis Waweru and Junet Mohamed.

ODM joins the BBI Secretariat and the Attorney General in the appeal case, seeking to overturn the High Court decision. The Party’s petition was filed at the Appellate Court on Tuesday by Raila’s lawyer Paul Mwangi.

Raila’s party wants the Court of Appeal to suspend the directive that barred the Independent Electoral and Boundaries Commission (IEBC) from supervising the plebiscite and allow the continuation of the process.

“A constitutional amendment process nigh a popular initiative is an intensive process involving strict timelines and it is in the interest of justice that the court strikes a balance to ensure that the process is back on track,” Raila’s lawyer stated.

On Monday, Raila assured his Kisumu supporters that BBI will be revived and was confident that the appeal will go through. He connected BBI to the biblical Job who suffered, but later on was salvaged from untold misery by the Almighty God.

Raila visited Kisumu ahead of Uhuru’s visit to officiate Madaraka Day celebrations, slated on June 01. The opposition leader assured residents that ‘handshake’ was intact and there was no cause for alarm, despite the numerous hurdles barricading its way.