Murkomen Claims BBI Promoters Planning to Head to Supreme Court Directly: “Forum Shopping


Murkomen Claims BBI Promoters Planning to Head to Supreme Court Directly: “Forum Shopping

Elgeiyo Marakwet senator Kipchumba Murkomen claims the Building Bridges Initiative (BBI) promoters are after plans to move directly to the Supreme Court to challenge the May 13 ruling that declared the bill unconstitutional.

Murkomen stated the Supreme Court is deemed as the fit avenue to challenge the ruling over the Court of Appeal where the proponents had vowed to move to.

The senator projected that the petitioners could withdraw the notice of appeal filed at the Court of Appeal before filing a fresh appeal with the Supreme Court.

He insisted the end game is the Supreme Court, not the appellate court as believed by many.

“The BBI sponsors are engaging in an open&deliberate process of forum shopping. Here is the evidence. They applied for a stay at the High Court then withdrew. Have filed a Notice of Appeal at CoA&now they want to withdraw&go straight to Supreme Court,” said Murkomen on Twitter.

On Tuesday, May 18, Attorney-General Paul Kihara withdrew the application he had made at the High Court that sought to stay the execution of the judgement that annulled the BBI.

In his letter, the AG said he withdrew the application at the High Court to seek the same reliefs at the Court of Appeal.Murkomen now says the move by Kihara to file the appeal notice and later withdrawing it was deliberate and aimed at shopping for a forum before ultimately moving to the apex court.

Before withdrawing the petition, Kihara had, through the appeal notice, expressed his dissatisfaction with the ruling that was made by a five-judge bench stewarded by Joel Ngugi and George Odunga.

The ruling was welcomed by the Tanga Tanga team, who lauded the judges for saving Kenyans from what they said was big-time “fraud”.

The politicians who are also allied to the Deputy President William Ruto have from the onset had reservations on the Constitutional Amendment 2020 process, stating the country had other priorities that needed to be worked on.

The bill was already staring at the plebiciste organized by the Independent Electoral and Boundaries Commission (IEBC) after the county assemblies and the bicameral parliament endorsed it.

However, the reggae was cut short by the ruling, which also placed an injunction on IEBC, barring the agency from carrying out any electoral process due to its lack of quorum.

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