Orange Democratic Movement (ODM) Secretary General Edwin Sifuna and economist David Ndii have this morning engaged in a twitter spat over a petition that was filed in court to challenge the constitutional changes that are set to happen through the famous Building Bridges initiative.
Economist David Ndii and activists Jerotich Seii, Jane Ngondi, Wanjiru Gikonyo and Ikal Angelei are seeking ‘to stop reggae completely’ with their eyes on sections of law which are at the heart of the BBI drive.
The petitioners, through lawyer Nelson Havi, want the court to declare that five chapters of the 2010 Constitution – Chapter One, Chapter Two, Chapter Four, Chapter Nine and Chapter Ten – cannot be altered or changed through amendments, either by Parliament or popular initiative. They argue these chapters form the foundation of the country and should not therefore be altered.
However, Sifuna while responding to the petition argued that it should be thrown out as it is a “poorly” drafted “academic thesis disguised as pleadings.”
Sifuna further argued that instead of the three Judge bench they want, Chief Justice David Maraga should save time and money and dismiss the petition.
“Some “activists” filed an academic thesis disguised as pleadings. You will not see more poorly drafted, nebulous, theoretical musings than that so called petition. Instead of the 3 Judge bench they want, the CJ shd save time and money and dismiss the thing in limine,” Sifuna posted.
In his response, Ndii said a law degree should be a second degree, adding that the lawyer does not “know now his Dworkin from his Hart.”
Ronald Dworkin argues that moral principles that people hold dear are often wrong, even to the extent that certain crimes are acceptable if one’s principles are skewed enough.
Sifuna again, came to fire back urging the economist to instead share the court papers on his blog.
Terming the filed petition as a conference presentation, Sifuna told Ndii that it will be thrown out faster than he could say second degree.
“My brother… Court papers are not economic theory. That conference presentation you filed will be thrown out faster than you can say 2nd degree. You should just have posted it on that blog of yours along with your other musings on dynasties,” he posted.
