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Supreme Court gives first order on Kivutha's BBI suit

Prof. Kibwana was seeking an advisory opinion on BBI

File image of Supreme court judges

The Supreme Court of Kenya has delivered its first order on bids filed by Nandi and Kericho county assemblies as well as Makueni Governor Kivutha Kibwana.

In a ruling delivered on Wednesday, the three applications were all rejected.

The Nandi and Kericho county assemblies had sought direction on whether county assemblies are allowed to make amendments on the Building Bridges Initiative (BBI) referendum bill.

Prof. Kibwana had sought an advisory opinion on whether national and county governments or state officers - acting in official capacity - are allowed by law to use public resources to finance or seek constitutional amendments.


The Supreme Court ordered all three parties to seek an advisory from the Attorney General before submitting the applications with the apex court.

BBI Signature verification

The BBI secretariat was on Thursday scheduled to submit the collected signatures to the Independent Electoral and Boundaries Commission (IEBC).

At the same time, a Kenyan voter in the Diaspora is set to file a motion to stop the verification exercise citing the exclusion of diaspora voters from the BBI exercise.

Justice Jairus Ngaah on Wednesday declined to stop the verification exercise while, however, noting that James Gitau's suit had merit.


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