Nanok’s unseen hand in landmark court ruling that halted BBI

Turkana governor Josephat Nanok is emerging as DP William Ruto’s most strategic ally and lethal weapon as the DP struggles for survival. As details of the events that led up to Monday’s shock ruling continue to come out, anti-BBI proponents have no one to thank more than the Turkana governor.

During his public spat with his Party leader Raila Odinga at St. Augustine church in Lodwar, when Nanok declared that he was going to fight BBI in whichever way possible, it seemed as if those were simply just the usual rumbles of a politician.

However, it can now be confirmed that Monday’s ruling was done on the basis of a case that was filed by governor Nanok, through his county assembly.

The High Court on Monday barred IEBC from presenting the Constitution of Kenya (Amendment) Bill 2020 to the county assemblies for deliberation.
In a ruling delivered by a five-judge bench, the Independent Electoral and Boundaries Commission was temporarily stopped from submitting the Bill to the counties pending hearing and determination of seven petitions filed challenging the process.

“We believe that it is in the public interest that appropriate conservatory orders be granted. Consequently, we hereby order that a conservatory order be and is hereby issued restraining IEBC from facilitating and subjecting the Constitution Amendment Bill 2020 to a referendum,” the order reads.

Of the mentioned seven petitions that were filed challenging the process, two were by the Turkana county assembly.

While Thirdway Alliance party, which had opposed the referendum, was the party that went to court to bar IEBC from submitting it to the assemblies for consideration and approval, it was upon the basis of earlier cases which included that by Turkana, that Monday’s declaration was made.

Through lawyer Elias Mutuma, Thirdway Alliance argued that if the process was allowed to proceed, Kenyans would lose billions of shillings.
“Kenyans will risk losing billions of money in a government-imposed constitutional change in blatant violation of the sovereign power of the people of Kenya and negate the gains achieved so far through implementation of the Constitution of Kenya 2010,” Mutuma said.

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    Written by Joshua Wanga




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