Mombasa Governor Hassan Joho has insisted that BBI was aimed at creating opportunities for Kenyans, but that will not be the case due to bad politics.
“It is sad to note that Kenyans will have to wait a little longer to get the golden opportunity of enjoying these benefits partly because of bad politics,” he said.
“It’s this sad reality that disturbs me immensely, both as the Deputy Party Leader of the ODM Party and as a Governor who can attest first-hand to the importance of the BBI report.”
Joho noted some of the major changes BBI would have brought especially to the devolved units in terms of development, among them the proposed 35 per cent allocation to counties, the Ward Development Fund and the Health Services Commission which would have streamlined the management of healthcare in the country.
The governor added that it is not too late to rethink the decisions made by the High Court and Court of Appeal.
“The fate of our 47 counties financing lies in the Supreme Court, the proposed 35% allocation was to go a long way in supporting capital-intensive projects in our devolved units,” Joho said.
On August 20, the court comprising seven judges upheld the High Court ruling that BBI is null and void and its processes were unconstitutional.
In a majority decision, six of the seven-judge bench, headed by the court’s President Daniel Musinga tore into the BBI process, declaring several stages and actions unconstitutional and unlawful.
Despite President Uhuru Kenyatta and ODM leader Raila Odinga saying that they would not contest the decision, Attorney General Kihara Kariuki on Friday filed an appeal at the Supreme Court challenging the decision by the Appellate court to affirm the nullification of BBI.
Through Solicitor General Kennedy Ogeto, the AG says he is dissatisfied with the decision of the Court of Appeal and intends to challenge it.
“Take notice that the Attorney General being dissatisfied with the decision of the Court of Appeal given at Nairobi on August 20 intends to appeal to the Supreme Court against such part of the said decision that upheld the findings of the High Court,” reads court documents.
The BBI secretariat had also announced that they would challenge the decision at the Supreme Court. BY THE STAR