By TCD EDITION
Facts are facts.
Last week when the National Assembly passed the BBI Bill I rose on a point of order and in my contribution raised several weighty constitutional issues with the Bill on public partication, the schedule on delimitation, resource allocation and independence of the judiciary smong others. I am on record.
Well facts are just facts. You cannot dilute them. You cannot wish them away. You cannot bury them. You cannot negate them.
Indeed, the Court has today declared the BBI Bill unconstitutional and made several declarations among others that:
1.The entire BBI process is unconstitutional and is akin to usurping the people’s exercise of sovereign power.
2.The BBI Bill cannot be subjected to a referendum before IEBC conducts nationwide voters registration.
3.The IEBC does not have quroum for purposes of carrying out referendum including verification of signatures in support of the Bill.
4.There exist a legal vaccum to conduct a referendum. The absence of the law renders the attempt to amend the Constitution through BBI Bill flawed.
5.The Second Schedule delimiting 70 constituencies is unconstitutional as it among other things purports to direct the IEBC on the performance of its functions.
6.The administrative procedures for verification procedures in support of the BBI Bill by IEBC are null and void as they were made when IEBC did not have quorum.
7.All proposed amendments in the Bill should be presented as separate and disntict referendum questions to the people.
8.A permanent injunction has been issued to IEBC to restrain it from undertaking any process required under Article 257 of the Constitution.
9.The Steering Committee on BBI is an unconstitutional and unlawful entity.
Well put. I have nothing useful to add save for to wish you Eid Mubarak my brothers and sisters.
Signed.
Hon.Aden Duale,MP
