The Building Bridges Initiative (BBI), otherwise known as ‘BBI Reggae’, received a shot in the arm Wednesday after the High Court in Nairobi dismissed a case filed by ThirdWay Alliance leader Dr Ekuru Aukot.
The former presidential hopeful, who recently failed with his Punguza Mzigo Initiative, was seeking to declare the BBI taskforce illegal.
Through his lawyer Elias Mutuma, Aukot argued that the BBI taskforce members had not been vetted, therefore, the task force was unconstitutional.
But in his ruling, Justice John Mativo said that the President was within his rights to form the BBI team. He noted that the taskforce passed the legality test as there was no contradiction in the provisions of Articles 132 and 132 of the constitution.
“I note that the gazette notice factored in public participation and in saying that everything that the President does must be subjected to public participation will be unnecessary constraining his constitutional functions,” said Justice Mativo.
He added: “There is nothing before me to show that the President acted in bad faith. The president cannot be subjected or questioned on how he exercised his Executive powers.”
Justice Mativo further said that the court cannot entertain such an application.
On the issue of alleged misuse of funds, Justice Mativo said Dr. Aukot did not provide evidence to prove his allegations.