Economist, David Ndii, and four other activists have filed a petition questioning the veracity of the BBI Agenda.
David Ndii, confirmed the news, stating that, alongside Jerotich Seii, Ikal Angelei, Ciru Gikonyo and James Gondi, had filed the petition today. In it, they sought the courts interpretation of applicability of the theory of Basic structure of the Constitution.
Doctrine of unconstitutional Constitutional Amendments
They also sought to understand how the court interpreted the doctrine of unconstitutional Constitutional Amendments, eternity clauses and limits of constitutional amendments.
In the petition, the four wanted the matter certified as urgent. They also called for the matter to be heard by no less that three judges of uneven numbers. The petition called for Chief Justice, David Maraga, to appoint all the judges.
The respondents to the petition include the Independent Electoral and Boundaries Commission, headed by Wafula Chebukati, Speaker of the National Assembly, Justine Muturi. They also include Senate Assembly Speaker Ken Lusaka and the Attorney General, Paul Kihara.
President Kenyatta and his foe-turned-ally, Raila Odinga are pushing for constitutional amendment through the Building Bridges Initiative.
Among the proposed changes, included the addition of a Prime Minister position, alongside two Deputies.
There was also the merging of counties to form regional blocs, which would then be under one regional executive.
These were in the initial report presented last year in November.
However, the final draft of the report has yet to be made public.
The two state that the proposed changes would improve the country and address many national concerns.
Pushback against BBI mounting
However, there have been push backs against the proposed changes, with the President coming under scrutiny for pushing the amendment of a constitution he has been accused of not respecting.
The push comes as Kenya marked its tenth anniversary of the New Constitutional Dispensation two weeks ago.