Court of Appeal upholds High Court ruling nullifying BBI process
By Mourice Seretta
The Court of Appeal on Friday upheld the High Court ruling that nullified the Building Bridges Initiative (BBI) process.
In a majority decision on Friday, six of the seven-judge bench, headed by the Court’s President Daniel Musinga tore into the BBI process, declaring several stages and actions unconstitutional and unlawful.
The judges however expunged part of the High Court orders including one that said that President Uhuru Kenyatta had contravened Chapter Six of the Constitution.
While delivering their verdicts on the appeal launched against the ruling made by the High Court on the process, the judges argued that a popular initiative has a distinctive methodology and procedure.
Reading his judgment, Justice Gatembu Kairu argued that President Uhuru Kenyatta acted in his official capacity and not as private citizen when he initiated the BBI process.
“Constitutional change is a preserve of the people exercising sovereign power and to that extent, I am in agreement with high court. The framers of the constitution clearly identified what is the basic structure of the constitution,” Justice Gatembu Kairu.
All the judges have also unanimously ruled that civil proceedings can be instituted against the present, judge Tuiyott dissented.
All judges have also agreed that the president does not have authority to initiate changes to the constitution.
“The whole process was null and void and in the end am happy we have kept the constitution sound and safe up and until this moment and may it remain as such,” Justice Patrick Kiage said.
ODM Leader Raila Odinga said it was time for the country now to move.
‘It is likely that today’s Court of Appeal ruling is not the end of the conversation and the parties involved will each make their own decisions on how to proceed from the decision that has been delivered today. But we feel that we have to move on.’ Raila posted on his social media accounts.
On his part, ODM Secrertary General Edwin Sifuna said;.
‘The BBI process was just a conversation. There may be “Victors” in today’s decision and we can’t deny them a victory parade. But in a conversation about bettering our society there can never be winners and losers in the strict sense. UNITY is more important. Play on!’ Sifuna tweeted.
Deputy President William Ruto took to social media and offered a prayer on the same.
Ruto posted;’GOD, our Heavenly FATHER has come THROUGH for Kenya and STOPPED the COALITION of the known, the mighty and the powerful from destroying our CONSTITUTION.Our GOD, help the ALLIANCE of the unknown, the jobless, the Hustlers and the struggling farmers to now ENGINEER our ECONOMY from BOTTOM-UP.’ANC Leader Musalia Mudavadi welcomed the ruling sayiong the BBI process had been tasking to Kenyans.’Kenyans both for and against the BBI have been measured on the matter and deserve Kudos.’ Musalia said.Mudavadi said it is now time for Kenyans to focus on building the nation.
Elegeyo Marawket Senator Kipchumba Murkomen congratulated the judges saying Kenya had won.
‘Congratulations to the, Judges, advocates, appellants, respondents, those who supported the process behind the scenes and all who contributed to the success of the process. In the end Kenya has won. Justice Be Our Shield and Defender. God bless Kenya & God bless us All.’ Murkomen offered.
Renowned advocate PLO Lumumba weighed in ojn the matter saying it was a good sighn of patritism from the judges.
‘I Salute the Majority in the Kenyan Court of Appeal for affirming without equivocation that when egotism and megalomania mount a Trojan Horse and masquerade as patriotism they will be handed a jurisprudential coup de gracè.’ PLO said.
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