The High Court has today temporarily suspected the BBI Amendment Bill from being a law. In a ruling that was dated 8th, February, 2021, the court stated that after due analysis of the applicable principles for the grant of conservatory orders to the fact of instant case, fashioned a narrow conservatory, a narrow order targeted at the IEBC. The court had restrained the IEBC from facilitating and subjecting the Constitution Amendment Bill, 2020 from conducting the referendum or taking any further actions.
However, following this temporary suspending the president of the Law Society of Kenya, Nelson Havi has reacted. He stated that the High Court has stopped The Constitution of Kenya (Amendment) Bill, 2020 [BBI Bill] from becoming law. He asked should Parliament pass it and the President of the Republic of Kenya assent to the same pending the determination of the consolidated Petitions which have been heard?
He added that the President of the Republic of Kenya has no power to suspend Parliament or County Assemblies. He claimed that those powers ended with the promulgation of The Constitution of Kenya done on 27th, August, 2010.
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