Thread by @JerotichSeii

It has finally started. Tune in if you can.

#LindaKatiba

https://twitter.com/Kenyajudiciary/status/1392700806923702283

2. Basic Structure Doctrine is applicable in Kenya.

👏🏿👍🏿👍🏿✊🏿✊🏿

#LindaKatiba

3. The Constitution of Kenya is inoculated from the mischief of those (eg. The Handshake Bros) who would "design" a "popular" initiative - using state resources - in the form of an amendment bill that alters fundamental underpinnings of the COK.

#BBINonsense
#LindaKatiba

4. President Uhuru Kenyatta cannot be both PLAYER and REFEREE. He cannot argue that he was acting as a private citizen, eg. Wanjiku. This is part of the #BBI hoodwink.

#BBINonsense
#LindaKatiba

5. Those with access to Article 256 cannot ride on the back of Article 257. Article 257 is meant for WANJIKU. Not state organs.

#LindaKatiba

6. Some background to our Petition No. E282 of 2020, which is one of 8 consolidated petitions. @NelsonHavi

@DavidNdii
@GikonyoCiru
@JamesGondi
@Ikal_Angelei

theelephant.info/documents/peti…

standardmedia.co.ke/thenairobian/v…

#LindaKatiba

6. The President can be sued for constitutional violations.

The President initiated the BBI Tasforce ➡️ Steering Committee himself. It was NOT a popular initiative. The Steering Committee was unconstitutional.

#BBINonsense
#LindaKatiba

*7

8. Meaningful public participation has primacy in the supreme law of the land.

Public participation is not about lip service & [coerced] signatures. In fact, copies of of the BBI amendment bill were neither distributed nor translated.

Wanjiku MUST be informed.

#LindaKatiba

9. President Uhuru Kenyatta failed to respect, safeguard & uphold the COK and instead, sneakily stretched his authority to initiate a proposal to amend the Constitution. See Article131 Sub Article 2(c) & Article 132.

The BBI hoodwink is built on criminal IMPUNITY.

#LindaKatiba

10. An omnibus bill is not permissible under our constitutional architecture & is akin to laundering.

There are at least 74 proposed amendments.

They must be presented as separate & DISTINCT referendum questions.

This BBI Trojan Horse should die. No to BBI!

#LindaKatiba

11. Article 89 is part of the basic structure but not an eternity clause - meaning that additional constituencies CAN be proposed. However, it is an unconstitutional short circuit by the Bill to delimit 70 new constituencies. Hii ni kazi ya @IEBCKenya. Na Wanjiku.

#LindaKatiba

12. @IEBCKenya's decisions related to the Constitution Amendment Bill including collection of signatures & constitutional thresholds are invalid, null & void. Lack of statutory quorum. Quorum of 5 commissioners is not cosmetic.

No to BBI.

#LindaKatiba

13. @IEBCKenya abdicated its precedented responsibility to not only confirm the receipt 1million signatures but ALSO to verify the signatures as belonging to registered voters.

Its administrative procedures are INVALID. No Statutory Instruments Act. No Wanjiku.

#LindaKatiba

14. Article 43 focuses on our economic & social rights. #BBINonsense is ill timed as we are in the middle of a pandemic #COVID19. We can neither afford the health impacts of #superspreader rallies nor the expense related to a referendum.

#LindaKatiba

15. Takeaways:

-Basic Structure Doctrine is applicable
-Public participation is key
-Popular initiatives belong to Wanjiku
-The President can be sued, cannot drive a popular initiative & has violated Ch 6
-BBI Steering Committee is unlawful
-IEBC actions unlawful

#LindaKatiba