The High Court has allowed a Kenyan in the diaspora to file a case challenging the BBI Bill 2020 referendum.
James Gitau, a Kenyan citizen by birth who resides in Texas, US had failed applications in the court seeking to halt a number of BBI processes, including the collection of signatures.
The case was filed under a certificate of urgency.
He had sought the court’s help to declare that IEBC is contempt of court orders from the Court of Appeal and the Supreme Court, a decision dismissed by the judge.
“The applicant is hereby granted leave to file any further affidavit to respond to any new issues that may arise from the respondents’ response on matters of fact,” justice Jairus Ngaah ruled.
That IEBC is prohibited from receiving the partially collected signatures that do not include the votes from the Diaspora.
“An Order of Prohibition to restrain the 1st Respondent from holding any referenda until it complies with the Court Orders from the Court of Appeal and the Supreme Court.”
The applicant had also sought IEBC to be prohibited from commencing any verification of the partially collected signatures until it complies with the court’s orders.
Gitau wanted IEBC to be barred from holding any referenda and general elections until it complies with the six and five-year-old Court Orders from the Court of Appeal and the Supreme Court.
In his ruling on Tuesday, justice Jairus Ngaah dismissed the application baring IEBC from receiving the partially collected signatures that do not include the voters from the Diaspora.
“Leave is hereby granted to the applicant to file a substantive motion for the forgoing orders. The prayer for leave to operate as a stay of any action by the respondents in processing the collection of signatures for the BBI is refused.”
The judge directed that the substantive motion shall be filed and served to all parties within seven days of the date and respondents shall file and serve their response to the motion within seven days of the date of service of the applicant’s motion.
The motion will be mentioned via video link on January 19, 2021, for further directions on a determination of the substantive motion or for such other directions or orders as may be necessary.