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Economist David Ndii, four others file case challenging Uhuru, Raila BBI-driven referendum

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Renowned Kenyan economist David Ndii and four others have filed a petition challenging the constitutionalism of the BBI agenda.

Ndii together with social justice campaigner Jerotich Seii, environmentalist Ikal Angelei, the Institute for Social Accountability (TISA) National Coordinator Wanjiru Gikonyo, and human rights lawyer James Gondi on Wednesday, September 16 filed a case faulting the push for BBI-driven constitutional amendments.

Through his twitter account, Ndii said that their case is challenging why the Building Bridges Initiative (BBI) wants to change the basic structure of the 2010 Constitution.

Yes [we] have today filed a petition on applicability of theory of Basic Structure of the Constitution, doctrine of Unconstitutional Constitutional Amendments, eternity clauses and limits of constitutional amendment,” tweeted Ndii.

With Ndii quoting an excerpt from the Indian Constitutional Law and Philosophy, it appears that the quartet has taken issue with why the BBI (initiated by President Uhuru Kenyatta and former prime minister Raila Odinga) “wants to change certain aspects of the Constitution which are unchangeable, immutable and so bound up with the fabric of the Constitution itself”.

In the case, Independent Electoral and Boundaries Commission (IEBC0, National Assembly Speaker Justin Muturi, Senate Speaker Ken Lusaka and Attorney General Paul Kihara Kariuki have been named as the respondents.

The four want their petition certified as urgent and heard by not less than three judges appointed by Chief Justice Maraga.

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