Economist David Ndii and four other activists have filed a case in court challenging the constitutional amendments proposed through the Building Bridges Initiative (BBI).
Ndii, Jerotich Seii, James Ngondi, Wanjiku Gikonyo, and Ikal Angelei, in a petition filed through lawyer Nelson Havi, are seeking to challenge constitutional amendment as fronted by President Uhuru Kenyatta and ODM leader Raila Odinga.
Sources revealed that those named as respondents in the case include National Assembly Speaker Justin Muturi, his Senate counterpart, Ken Lusaka, Attorney-General Paul Kihara, and the Independent Electoral and Boundaries Commission (IEBC).
The plaintiffs also want the case to be certified as urgent and heard by an uneven number of judges, not less than three appointed by Chief Justice David Maraga.
Taking it to his Twitter account, the economist said the petition seeks to challenge the applicability of the theory of the Basic Structure of the Constitution, doctrine of Unconstitutional Constitutional Amendments, eternity clauses, and limits of the constitutional amendment.
The move may appear to scuttle the efforts made by the BBI proponents in the run-up to the 2022 General Election.
ODM leader Odinga, speaking during his recent tour at the coastal region, said that the BBI is back and Kenyans should brace themselves for a referendum before 2022.
The BBI team, among other suggestions, recommends the introduction of the office of Prime Minister, who will be picked by the President from the majority party in the National Assembly.
Deputy President Wiliam Ruto and his allies are opposed to the call for a referendum, citing the need for the total implementation of the 2010 Constitution before seeking to amend it.