Rarieda, Member of Parliament and Senior Counsel Otiende Amollo, has hit out at the Court for insisting that President Uhuru Kenyatta was the Building Bridges Initiative (BBI) promoter when it was his Parliament colleague Junet Mohammed and BBI secretariat co-chair Dennis Waweru.
Speaking on Wednesday, 30 June 2021, during his submission, Amollo argued that all President Uhuru Kenyatta did was support the BBI document just like any other Kenyan is allowed to do so.
He maintained that the only thing the Court did not do in their 300-page judgment that led to the judges coming to the conclusion that the BBI process was unconstitutional; null, and void was to fail to ask why the document’s promoters were.
He added that BBI is an initiative that was promoted by Waweru and Junet as they engaged with the Independent Electoral and Boundaries Commission (IEBC) to collect signatures from Kenyans.
“The promoters were Waweru and Junet but the court insists it was President Uhuru,” he said during his submission.
Otiende also criticized the five-bench judge, Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita and Teresia Matheka, for creating their own words in their nullification of the BBI document.
He said that the judges twisted the word initiator and did not explain why adding that they introduced the word in their ruling but did not demonstrate their finding.
The Senior Counsel reasoned that even though President Uhuru Kenyatta did not start the initiative, nothing stops him from promoting a popular initiative.
He noted that anyone could campaign for any cause as he wondered if some rights are limited to exclude the President.
Amollo indicated that it is a misconception that the President can only go through Parliament that is not true.
Otiende went on to explain that the BBI concepts were reduced into a bill, and that was when the initiative started.
He pointed out that the IEBC accepted the Junet and Waweru initiative and were authorized to collect signatures from Kenyans.
He added that after collecting the signatures and submitting them to IEBC, the commission wrote a letter to the Counties across the country and confirmed to them who the promoters of the BBI were.