The 47 county assemblies have been barred by the High Court from debating and approving the Punguza Mizigo Bill by Thirdway Alliance party.

The High Court also stopped Thirdway Alliance party from presenting the Bill to the Speaker of the National Assembly.

Justice James Makau gave the directive following a pending case filed in the court against the Bill.

Thirdway Alliance protested the decision, arguing they were only given less than a day to file their response adding they should have been given at least three clear days to respond.

Dr Ekuru Aukot presenting Punguza Mzigo bill at the Nakuru County Assembly
Dr Ekuru Aukot presenting Punguza Mzigo bill at the Nakuru County Assembly

David Kamau Ngari and International Economic Law Centre filed the petition against the Bill saying most of the proposals in the Bill will ultimately require a national referendum under Article 255(2).

Authenticity of signatures questioned

They further argued that the proposed Bill contains provisions which contravene the constitutional safeguards on fair trial and due process guaranteed in the Constitution.

Ngari stated that the Bill was procured through deceit and illegalities since the signatures are not genuine.

Justice James Makau
Justice James Makau

The uniformity of the signatures raises the question of authenticity and reliability of the signed forms, according to the petitioners.

According to Ngari, the verification process was done mechanically yet the law says voters should be registered biometrically. 

The petition further argues that IEBC does not have the quorum as there are only two commissioners and the chairman following the resignation of four other commissioners.