Monday December 2, 2019 – Renowned City Lawyer, Ahmednasir Abdullahi, has hinted at looming litigation over the adoption of the Building Bridges Initiative (BBI) report.
Through his social media pages, Ahmednasir opined that the heated debate over the avenue through which Kenyans will consider the BBI recommendations may have to be decided at the Supreme Court.
“Whether BBI report will be adopted through a referendum or Parliament is a monumental constitutional question and it will not be decided by H.E Uhuru [Kenyatta], Hon [William] Ruto or Hon Raila [Odinga].”
“That question will be decided by a 5-judge High Court bench, it will go to the Court of Appeal [and then] to the Supreme Court,” read the tweet.
He further explained that the Constitution of Kenya 2010 provided three distinct ways on amendment under Articles 255, 256 and 257.
"[This is] because the Constitution provides for clear and elaborate procedures on how it can be amended,” wrote Ahmednasir.
Kenyans weighed in on the possibility of a legal battle taking issue with the fact that many decisions were, in their view, unnecessarily being decided by courts.