The essence of the separation of powers between the Executive, the Legislature and the Judiciary in Kenya was demonstrated on Friday, when the Court of Appeal judges upheld the High Court ruling that the Building Bridges Initiative (BBI) Constitutional Amendment Bill was illegal and unconstitutional.
I don’t want to remember that MCAs, MPs and senators had given the BBI a clean bill of health. That was shameful, bearing in mind that, in Kenya, the ordinary mwananchi aka ‘Wanjiku’ elects legislators at all levels to represent their interests in the governance of a nation that embraces representative democracy.
But when, due to selfishness, the representatives get compromised, the courts come in handy in saving ‘Wanjiku’ from the excesses of the Executive. Without the courts standing their ground that Kenya is a democratic country well governed by the rule of law and the Constitution, the unconstitutional BBI was as good as passed for ‘Wanjiku’ couldn’t have stopped the BBI ‘reggae’ even in a referendum so long as it was a project of the Executive.
Dr Njue Manyatta, Nairobi
* * *
Did our leaders really endorse the BBI for the sake of Kenyans or for their own benefit? That is a question yet to be answered.
However, with the court throwing out BBI, leaders aligned to the Tangatanga faction of Jubilee Party that is associated with Deputy President William Ruto have been seen celebrating.
But the Court of Appeal ruling that upheld the High Court declaration of the BBI process as null and void is a victory for all Kenyans, the Constitution and the prevalence of the rule of law.
Nobody should associate the Constitution with political affiliation. The Constitution is here to guide us all, whomever we are aligned to politically.
Brian Ogotti, Kisumu
* * *
Most Kenyans are a happy lot after the Court of Appeal dismissed the BBI proposal as unconstitutional and barred IEBC from processing the related Bill.
This comes as a great victory for the people since, for starters, the ‘BBI Bill’ didn’t have the citizens’ interest at heart but was meant to serve a political purpose. The judgment by the Court of Appeal, which upheld a High Court ruling, also serves as a step towards the Judiciary’s independence from the influence of politicians or the government.
With the 2022 General Election less than a year away, there should be less talk about the Bill and more of preparedness by the IEBC to carry out the elections. Furthermore, BBI does not take precedence over all other matters plaguing this nation.
It’s been continually noted that the BBI contents can easily be implemented without the need for a referendum and if its proponents truly cared for the people.
Irungu James, Nairobi