Advocate and notary Otiende Amollo has said that Suna East Member of Parliament Junet Mohamed and Dennis Waweru are the promoters of the Building Bridges Initiative(BBI).
Speaking during his submissions, Otiende said the court insists on finding President Uhuru Kenyatta as the promoter of this initiative.
“Against all uncontroverted evidence, the promoters of this initiative were BBI secretariat co-chair Dennis Waweru and Junet Mohamed, the court insists on finding President Kenyatta as the promoter,” he said.
According to Otiende, anyone can support the initiative including the President.
“In the entire 315 pages of the judgement, the one thing the court doesn’t do is take the bill that is being examined and come to the end of the bill that is being necessitated but fail to ask who are the promoters,” he said.
He noted that JLAC report shows the two appeared before the committee as the promoters.
He added that even though he did not initiate the bill, nothing stops the president from initiating in promoting the popular initiative.
“Anyone can campaign for any cause so are this rights limited to exclude the president. It’s a misconception that the president can only go through parliament that is a not true,” he said.
Solicitor General Ken Ogeto yesterday accused Constitutional Court judges of personal vendetta against President Uhuru Kenyatta.
In his submission to the seven-judge bench, Ogeto said nothing in the constitution prevents the president from originating an amendment proposal to the constitution.
“…The learned judges, it seems were keen on very personalized attacks on the president. To them facts and law did not matter,” he said.
According to him, the constitution has no place for the application of the basic structure doctrine.
He added that Chapter 16 of the constitution provides that it may be amended whether through parliamentary initiative or popular initiative.
Ogeto dismissed the section of the ruling that states that the popular initiative mechanism is exclusively available to the private citizen as opposed to a state organ or his excellency the President.
