DAVID NDII & OTHERS……………………..……….………PETITIONERS
VERSUS
ATTORNEY GENERAL & OTHERS……………………..RESPONDENTS
JUDGMENT

I. HISTORY OF THE LITIGATION
1. On 18th March, 2018, President Uhuru Kenyatta and Mr. Raila Odinga had what is now famously known as the “Handshake”. The President and Mr. Raila Odinga had just come off a hard fought and
intensely contested Presidential Elections in 2017 in which they were the main contenders. The first round of Presidential elections was held on 8th August, 2017 and was characterized by allegations of vote
fraud leading to its overturning by the Supreme Court. The repeat elections were held on 25th October, 2017. Mr. Raila Odinga boycotted the repeat elections handing the victory to the President.

2. These circumstances, however, hardly cooled the political climate which remained charged. It is on these grounds that the President started an initiative which he described as being “towards a
united Kenya.” After the famous “Handshake” with Mr. Odinga, the President appointed the Building Bridges to Unity Advisory Taskforce (hereinafter, “BBI Taskforce”) comprising of 14 committee members and 2 joint secretaries through Gazette Notice No. 5154 of 24th May 2018. The key mandate of the BBI Taskforce was to come up with recommendations and proposals for building a lasting unity in the country.

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