The Building Bridges Initiative (BBI) could stall after five activists moved to court in a bid to challenge it.
Economist David Ndii and four others; Jerotich Seii, James Ngondi, Wanjiku Gikonyo and Ikal Angelei, through lawyer Nelson Havi are challenging constitutional reforms as suggested in the document.
They want the petition to be certified as urgent and to be heard by a three judge bench constituted by Chief Justice David Maraga.
The respondents in the case include the Independent Electoral and Boundaries Commission (IEBC), National Assembly Speaker Justin Muturi, speaker of the Senate Ken Lusaka, and Attorney General Paul Kihara.
On August 27, the eve of the promulgation of 2010 constitution, President Uhuru Kenyatta said it was time to make changes to the constitution which its makers fashioned as a work in progress.
“Ten years later, the moment to improve on it is now,” the president said.
“We must treat a constitution as a living document that must constantly adjust to emerging realities.”
The head of state described all of Kenya’s constitutions as “ceasefire” documents where winner takes all.
“Ten years after our progressive Constitution, the moment calls us to do better. Instead of a ceasefire document that enforces a zero-sum game in which the winner takes it all, the moment calls us to create a constitutional order that will last long,” the head of state said.
“On this, I want to emphasize that we must not take the populist path. Let us choose the bold route; that path that will assure Kenyans of sustained peace and security and shared economic prosperity.”
Kenyatta’s handshake partner Raila Odinga has indicated that a referendum is imminent and might cost the taxpayer billions of shillings.