The High court has dismissed a petition that was seeking to stop Thirdway Alliance and County Assemblies from debating and enacting the Punguza Mizigo Bill.

On Tuesday morning, Justice John Mativo dismissed the case which was filed by David Ngari alias Bishop Gakuyo.

Two weeks ago the High Court had barred the 47 county assemblies from debating and approving the Bill fronted by Thirdway Alliance Kenya.

The judge had also stopped the party from presenting the Bill to the Speaker of the National Assembly.

Thirdway Alliance Party leader Ekuru Aukot
Thirdway Alliance Party leader Ekuru Aukot

Petition against Bill

According to the petitioner, David Ngari, the Bill contains provisions which contravene the constitutional safeguards on fair trial and due process guaranteed in the Constitution.

Ngari faulted the Bill, stating that while aware that there is no national referendum law, IEBC purported to receive, verify and approve the Bill and forwarded it to the county assemblies for debate and approval.

Another contention is the proposal to make Senate the upper House with veto power, which he argued will cause legislative confusion.

IEBC legitimacy

Justice John Mativo
Justice John Mativo

He further stated that the Bill was procured through deceit and illegalities since the signatures are not genuine.

The petition also states that IEBC does not have the quorum as there are only two commissioners and the chairman since the other four commissioners resigned.

Mr Ngari said the quorum required to receive, verify and approve a proposed Bill for amendment under popular initiative under Article 257 of the Constitution should be at least five.