Renowned Lawyer Kamotho Waiganjo has claimed that the BBI come back through the parliament, its revival after Attorney General Paul Kariuki and IEBC moved to the Supreme Court has minimal chances of 'resurrecting.'
Expressing his opinion on the Saturday Standard, Waiganjo states that Ndaragwa MP Jeremiah Kioni's sponsored Bill through the parliament to allow Cabinet Secretaries to be appointed from the MPs will no be a walk in the park.
"Hon Kioni must know by now that the Bill will face the same hurdles that the BBI Bill faced in the courts. The issue of effective public participation will arise and on this one, the Bill will fail."
He adds that both the High Court and Court of Appeal indicated that a similar (amendment) clause in the BBI bill was treated as part of the Constitution Basic Structure, which means it is not amendable, but can be treated only through what had been termed as 'primary constituent power,' that implies a referendum must be conducted.
He however weighed out on the minimal chances of reversal by the two courts, stating that in case it happens, the changes should take place after the elections, as time is already constrained.
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