Details Of A Cross Appeal Seeking to Compel Uhuru To Refund BBI Money

KEY POINTS:

  • A cross-appeal has been filed by lawyer Morara Omoke seeking to compel President Uhuru Kenyatta to refund the money spent on BBI.
  • Lawyer Morara wants Uhuru to refund the money back to the Treasury which was used since the beginning of the first process by the BBI steering committee.
  • In the cross-appeal, the lawyer Omoke also wants President Kenyatta to be compelled to dissolve Parliament as was advised by retired Chief Justice David Maraga.

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A cross-appeal has been filed by lawyer Morara Omoke seeking to compel President Uhuru Kenyatta to refund the money spent on BBI.

Lawyer Morara wants Uhuru to refund the money back to the Treasury which was used since the beginning of the first process by the BBI steering committee.

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In the cross-appeal filed on Friday, Omoke argues that High Court judges erred to decline an application that the President returns public funds used in the constitutional change process.

“The learned judges erred in law by declining to order the Auditor General to establish the amount of public funds utilized in the promotion of the Constitution of Kenya (Amendment) Bill, 2020,” Omoke said.

He added, “The judges erred in law by declining to take judicial notice of the huge amount of public funds, including a Sh4 billion car grant to MCAs.”

In the cross-appeal, the lawyer Omoke also wants President Kenyatta to be compelled to dissolve Parliament as was advised by retired Chief Justice David Maraga.

“A declaration is hereby made that Parliament had no legal or constitutional capacity to debate and/or approve the impugned bill in view of the advice of Chief Justice (Rtd) David Maraga to President Uhuru Muigai Kenyatta to dissolve Parliament,” he said.

The appeal by Omoke may gain traction if the court of appeal upholds the High Court decision that termed the whole BBI process unconstitutional.

The five-judge bench in its ruling declared the BBI process null and void.

But President Uhuru, ODM leader Raila Odinga, Attorney General, and BBI secretariat have all signed for an appeal.

The court of appeal has on the other hand constituted a seven-judge bench that will look into the matter and decide on the way forward.

President Uhuru in his Madaraka Day celebration speech attacked the judges claiming that they overturned the will of the people.

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