THE STANDARD
NATIONAL
Justices Teresia Matheka, George Odunga, Joel Ngugi, Jairus Ngaah and Chacha Mwita at a Court in Milimani on Thursday, May 13, 2021, delivering the judgement on eight consolidated petitions challenging the BBI Referendum. [Collins Kweyu, Standard]
The High Court has annulled the BBI referendum process throwing the future of the initiative into uncertainty.
A bench comprising Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita upheld a consolidated case by eight petitioners that the constitution bears essential features on its basic structure that cannot be amended.
The petitioners had further argued that BBI referendum bill was not the will of people but based on the changing political and socio-economic interests.
Nominated Senator Isaac Mwaura has lost his seat following a lengthy tussle with the ruling Jubilee Party.
Senate Speaker Kenneth Lusaka declared the seat vacant through a gazette notice issued on Monday.
The move follows a decision by Jubilee Party to expel him after he was accused of campaigning for a candidate of a different political outfit.
“It is notified for the information of the public that pursuant to Article103 (1) (e) (i) of the Constitution and section 37 of the Elections Act, the seat of the Member of the Senate elected under Article 98 (1) (d) of the Constitution and held by Hon. Isaac Mwaura Maigua became vacant, with effect from the 7th May 2021,” the notice read.