This archive report was first published on 13 August 2019.
On August 13, 2019, the High Court in Nairobi lifted an order that had barred county assemblies from debating Ekuru Aukot's Punguza Mizigo Bill. The order was lifted by Justice John Mativo, following a petition filed by Timothy Odhiambo on July 25, 2019.
The petitioner, Timothy Odhiambo, had objected to the Bill's discussion after the Independent Electoral and Boundaries Commission (IEBC) forwarded it to the devolved legislative assemblies. Odhiambo argued that IEBC failed to authenticate signatures of voters supporting Aukot's Draft Constitution Amendment Bill.
IEBC chairman Wafula Chebukati received the “Punguza Mizigo” Bill from Thirdway Alliance leader Ekuru Aukot at Anniversary Towers on February 28. The Bill proposes to reduce the current presidential term of a maximum of two-five year terms to a one-off seven-year term.
Timothy Odhiambo accused the IEBC of contravening Article 257 of the Constitution of Kenya, by failing to authenticate the signatures of the 1,222,541 registered voters who supported the initiative. He highlighted that the admitted failure to authenticate the signatures amounts to a fundamental breach of the constitution.
“There is a real and imminent risk that IEBC may submit an unlawful Bill to the county assemblies within the next three months for consideration,” the petitioner added.
