This archive report was first published on 1 July 2021.
On July 1, 2021, lawyer Elias Mutuma made a series of scathing submissions on behalf of ThirdWay Alliance in the BBI appeal case. His arguments have left many in the legal community talking.
According to Mutuma, a popular initiative can only be enacted by the people, proposed to IEBC by the people, and approved as a referendum by the people. This, he argued, means that the executive and parliament have not been given legislative authority to initiate or legislate under Article 257.
"A popular initiative can only be enacted by the people, proposed to IEBC by the people and approved as a referendum by the people. The executive and parliament have not been given legislative authority thus cannot initiate or legislate under Article 257," Mutuma said.
Mutuma also took aim at Dennis Waweru and Junet Mohamed, who he claimed were behind the BBI initiative. He argued that the initiative was a Trojan horse to use executive powers to amend the constitution.
"The initiative is said to be promoted by Dennis Waweru and Junet Mohamed, that is taking us for a ride. Though the handshake was packaged as an initiative to promote unity and cohesion, it was a Trojan horse to use executive powers to amend the constitution," he added.
