This archive report was first published on 31 July 2019.
On July 31, 2019, the High Court issued an order stopping the 47 county assemblies from debating and approving the Punguza Mizigo Bill, a proposal by Thirdway Alliance Kenya party.
Justice James Makau directed the parties to file their responses within a specified timeframe, with the case set to be heard on August 13, 2019.
The petition, filed by David Kamau Ngari and the International Economic Law Centre, raised concerns about the Bill's constitutionality, including its potential impact on fair trial and due process.
Ngari argued that the proposed Bill would require a national referendum under Article 255(2) of the Constitution and that its provisions contravene constitutional safeguards.
He also questioned the authenticity of the signatures collected in support of the Bill, citing the uniformity of the signatures and the lack of a repository of specimen signatures for comparison.
The petition further alleged that the Independent Electoral and Boundaries Commission (IEBC) lacked the quorum required to receive, verify, and approve the proposed Bill.
