By John Mutiso
The High Court has nullified the decision by Tana River County Assembly to pass the Building Bridges Initiative Bill. Tana River is among 43 Counties that recently voted to pass the proposal to amend the Constitution through the BBI.
According to the High Court, the County Assembly did not undertake public participation before passing the Bill.
As per the Constitution, County Assemblies ought to undertake public participation to incorporate views of their electorate before passing any laws affecting the latter.
Therefore, the ruling means that the Bill will be taken back to the assembly and the due process followed before Members of the Assembly vote on it.
However, the ruling has no effect on the ongoing BBI process as the Bill has already attained 24 counties required for it to be presented to Parliament for debate before it’s subjected to a national referendum.
Out of the 47 Counties in Kenya, Baringo, Nandi and Elgeyo Marakwet voted to reject the Bill while Uasin Gishu County Assembly members abstained from voting.
