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Kenya

High Court throws out Aukot’s petition to quash BBI Task Force

NAIROBI, Kenya Mar 4 – The High Court has dismissed a petition seeking to quash a decision by President Uhuru Kenyatta to appoint a steering committee to implement the Building Bridges Initiative (BBI) constitutional review process.

The case was filed by Third way Alliance party Ekuru Aukot.

Justice John Mativo said the president exercised Executive powers which cannot be questioned by the court.

The president cannot be subjected or questioned on how he exercised his Executive powers, the judge ruled.

On the contention by Aukot that members of the Task Force ought to have been subjected to vetting and public participation, the court said that the action by the president was administrative policy which in the court’s province cannot be questioned.

The judge said that members of the Task Force, which is led by Garissa Senator Yusuf Haji, were gazzetted by the Head of the Civil Service Joseph Kinywa on instructions from the president.

Members of the Task Force were mandated to solicit views from members of the public and make recommendations on how best BBI initiatives should be implemented.

The court found and held that there was no evidence or material placed before it to make a decision that the appointment of the Task Force was meant to misuse public funds.

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