Lawyer Ahmednasir Abdullahi has said the question as to whether the Building Bridges Initiative (BBI) report, should be adopted through Parliament or a referendum is a constitutional question and will be settled in court.
In a series of tweets, he said President Uhuru Kenyatta, his deputy William Ruto, and ODM leader Raila Odina are not in a position to make the decision on the appropriate method for adoption of the report.
He further noted that the question will land at the High Court, then Court of Appeal, and finally end at the Supreme Court.
“Whether BBI report will be adopted through a referendum or parliament is a monumental constitutional question and it will not be decided by H.E Uhuru, Hon Ruto or Hon Raila. That question will be decided by a 5 judge High Court bench, it will go the Court of Appeal and then Supreme Court,” he tweeted.
He said the Constitution through Articles 255, 256, and 257 provides procedures for constitutional amendment, adding that Kenyans should read the Constitution to avoid being misled by politicians.
“Because the Constitution provides for clear and elaborate procedures on how it can be amended. Kenyans can read for themselves Articles 255, 256 and 257 that provide three distinct ways to amend the Constitution. The three articles are constitutional minefields,” he said.