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The hearing of Building Bridges Initiative (BBI) report appeal case has continued today in the Court of Appeal for the third day, where the appellants made their final submission paving way for the respondents to submit their arguments to convince the Appellate Court that BBI is truly unconstitutional
Speaking while submitting the appeal on behalf of the County Government of Kirinyaga, Lawyer Ndegwa Njiru defended President Uhuru Kenyatta saying that he has been given the power by the Constitution to promote national unity.
“The President was just performing his duty of promoting national unity by appointing the BBI taskforce. The force was mainly meant to help the President in promoting national unity by identifying the problems, which citizens are faced with and bring out a solution to them.” He told the Appellate Court.
The high court advocate said that it was in bad faith to nullify the bbi,adding that article 131 does not indicate the manner in which the president is supposed to initiate national cohesion.
” Article 131 does not tell us the manner in which the President is supposed to initiate national unity. He’s left to his discretion, to even create a task force such as BBI,”Ndegwa stated
Ndegwa also asked the supreme court judges if it was in order to fault the head of state for following the law by initiating such process that could unite the country even when he leaves the office late next year.
“Can we fault the President for doing what is Constitutionally bestowed upon him,”Ndegwa asked in his submissions.
Lawyer Njiru however has asked the court to rubbish the High Court ruling which termed BBI as null and void. He wants the court to listen to the voice of the people who are Supreme and rule in favor of the BBI document.
The president had asserted that he cannot be sued for discharging his duties, adding that the Building Bridges Initiative (BBI) is a quest to ensure peace prevails in the country.
The electoral commission on the other side has also accused five High Court judges of exceeding their mandate by stopping the country from going to a referendum
