THE STANDARD
NATIONAL
Justices Teresia Matheka, George Odunga, Joel Ngugi, Jairus Ngaah and Chacha Mwita at a Court in Milimani on Thursday, May 13, 2021, delivering the judgement on eight consolidated petitions challenging the BBI Referendum. [Collins Kweyu, Standard]
The High Court has annulled the BBI referendum process throwing the future of the initiative into uncertainty.
A bench comprising Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita upheld a consolidated case by eight petitioners that the constitution bears essential features on its basic structure that cannot be amended.
The petitioners had further argued that BBI referendum bill was not the will of people but based on the changing political and socio-economic interests.
Nominated Senator Isaac Mwaura has lost his seat following a lengthy tussle with the ruling Jubilee Party.
Senate Speaker Kenneth Lusaka declared the seat vacant through a gazette notice issued on Monday.
The move follows a decision by Jubilee Party to expel him after he was accused of campaigning for a candidate of a different political outfit.
“It is notified for the information of the public that pursuant to Article103 (1) (e) (i) of the Constitution and section 37 of the Elections Act, the seat of the Member of the Senate elected under Article 98 (1) (d) of the Constitution and held by Hon. Isaac Mwaura Maigua became vacant, with effect from the 7th May 2021,” the notice read.
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Gazette notice delisted Senator Isaac Mwaura Maigua as a nominated senator with effect from May 7, 2021. [File, Standard]
Senate speaker Kenneth Lusaka has clarified the validity of nominated senator Isaac Mwaura’s vote on The Constitution of Kenya (Amendment) Bill, 2020 unofficially known as the BBI Bill this morning.
The speaker said that article 124 of the constitution states that the proceedings of either House cannot be declared invalid as a result of vacancy in its membership or participation of any person not entitled to participate in the proceedings of the House.
“It is important to note that the publication of this Gazette came to my notice for the first time during the lunch break this afternoon,” Lusaka explained to the senators why the issue was not raised before the voting took place.
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POLITICS
President Uhuru Kenyatta and former Prime Minister display a copy of BBI Report during the presentation at Kisii State Lodge. [PSCU]
The push for constitutional review entered the homestretch on Tuesday after Senate overwhelmingly passed the Constitution of Kenya (Amendment) Bill, 2020 setting stage for the two last steps.
The Senate essentially forwarded the Bill to voters to make the final decision at a referendum expected to be scheduled soon by the Independent Electoral and Boundaries Commission (IEBC).
The House attained a rare two-thirds majority after 51 senators voted in support of the Bill, 12 voted against while nominated Senator Mary Seneta abstained.