Kenyans react after BBI court ruling

Kenyans react after BBI court ruling

#BBIreggaestoped #BBI #BBIillegal #BBIcourtruling
  • 5 member judge bench declares the BBI process null and void.
  • The bbi secretariat to file a petition against the ruling
  • BBI secretariat claims the judges are part of Tangatanga crew

Kenyans and politicians from different divide have reacted to the High Court ruling that declared the Building Bridges Initiative (BBI) driven Constitution of Kenya Amendment 2020 ruling as unconstitutional. The five-judge bench of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita said an amendment can either be initiated by a Parliamentary or popular initiative, not the President.

The deputy president and his allies are part of the group that praised the 5 bench judge and thanked God that the sham process is illegitimate. The judges cited the president for again failing to actualize the constitutional requirement on public participation accusing him of coming short of violating a law he vowed to defend when he took his oath of office as the fourth President of the Republic of Kenya.

The court also found that the Independent Electoral and Boundaries Commission (IEBC) had the sole role of determining boundaries and that the BBI proposal for the creation of 70 new constituencies was against the law and went against the principle of public participation.

DP Ruto, taking to social media after the ruling, said: “There is a God in heaven who loves Kenya immeasurably. May God’s name be praised forever.”

Former Senate Majority Leader and Elgeyo Marakwet Senator Kipchumba Murkomen, on his part, commended the five-judge bench saying their contribution to the history of Kenya.

“They are part of the few remaining Kenyan prophets who have not bowed down to Baal. God bless you,” he wrote.

Raila Odinga on 15th May stated that he and the BBI supporters will move to appeal court as they feel the verdict rendered by the high court was not right.

In a statement issued on Saturday, Mr. Odinga said they would appeal the High Court decision to annul the BBI process.

“…I want to address myself to Thursday’s ruling of the High Court on the Building Bridges Initiative and the Constitution Amendment Bill, 2020. Supporters of the Constitution Amendment Bill, including myself, have been disappointed by the High Court ruling. However, I urge restraint in the public commentary about the ruling.

We will calmly and respectfully move to the Court of Appeal to present our case as to why we think the High Court did not render the right verdict.

I want to urge that we restrain from personalized attacks on the court and its members. We may disagree with the court but we must respect its ruling and its freedom to exercise its judgment as it understands the legal and constitutional matters before it,

Raila Odinga, ODM party Leader

The judges cited the president for failing to actualise the constitutional requirement on public participation accusing him of coming short of violating a law he vowed to defend when he took his oath of office as the fourth President of the Republic of Kenya.

The court also found that the Independent Electoral and Boundaries Commission (IEBC) had the sole role of determining boundaries and that the BBI proposal for the creation of 70 new constituencies was against the law and went against the principle of public participation.

The court hence barred the IEBC from going ahead with holding a referendum on the BBI Bill.

“It is our finding that popular initiative is power reserved for Wanjiku neither the president or any other state organ can utilise Article 257 to amend the Constitution,” ruled the judges..

“Kenyans intended that the essence of constitutional order they were bequeathing themselves in 2010 would only be changed in exercise of primary constituent power that is through civic education, public participation, constitutional assembly plus a referendum and not through secondary constituent power which is through public participation and referendum only.”

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