BBI ruling: 'Disappointed' Raila Odinga vows to appeal
Former Prime Minister Raila Odinga during a meeting at his Capitol Hill office in Nairobi on February 14, 2019.
What you need to know:
- The former Prime Minister likened the judgement to moments of danger and peril that have characterised Kenya’s struggle for constitutional reforms.
ODM leader Raila Odinga has expressed his disappointment with the judgement of the High Court, which declared the entire Building Bridges Initiative (BBI) process illegal, but warned politicians against personalised attacks against the court.
Speaking for the first time since the court delivered the verdict, the former Prime Minister likened the judgement to moments of danger and peril that have characterised Kenya’s struggle for constitutional reforms.
“I urge that we restrain from personalised 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,” he said in a statement on Saturday.
A five-judge bench ruled on Thursday that President Uhuru Kenyatta acted in excess of his powers when he initiated the process of amending the Constitution through the BBI.
In the hard-hitting ruling, the judges singled out multiple legal blunders that President Kenyatta committed in his desire for law reforms.
They said the head of State made a fatal legal mistake in attempting to change the Constitution through a popular initiative, an avenue that is not available to him.
"The President cannot be an initiator of, and an umpire in, amendment of the Constitution," ruled justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita.
Accusations against the judges
Some of the judges on the bench have come under attack, with a section of the political class accusing them of throwing out the Bill to spite the President.
In addition, the BBI Secretariat, which said it will appeal the ruling, accuses them of engaging in partnership with the civil society and a section of politicians who have been opposed to the process.
Pokot South MP David Pkosing said the judgement was motivated by the President’s refusal to appoint 41 judges to both the High Court and the court of Appeal after they were nominated by the Judicial Service Commision after intensive interviews.
Justices Ngugi and Odunga are some of the victims of the President’s refusal as they were to be promoted to the Court of Appeal.
They were among the 11 persons whose appointment the Judicial Service Commission (JSC) recommended but President Kenyatta is yet to give his nod.
Mr Pkosing, who also chairs the parliamentary Transport committee, said the two judges should have recused themselves as, according to him, they were conflicted. He said the bench delved into matters the petition never touched on.
“A judge cannot rule on a matter like Chapter Six [of the Constitution], that was not sought by the petitioners. It is impossible to accept the High Court ruling as objective rule of law, never. It was too personal... Was the president on trial? The ruling was an attempted coup in a civilian democracy like ours. It must be reversed immediately,” he said.
“Struggle continues”
While disagreeing with the observation, Mr Odinga maintained the position by the State Law Office, which has indicated its desire to seek a review of the judgement in the Court of Appeal.
“We will move to the Court of Appeal to present our case as to why we think the High Court did not render the right verdict. We will do so with sobriety and with respect for our judges and courts,” Mr Odinga, noting that the ultimate aim of the BBI promoters is to strengthen, not undermine, the judiciary.
He pleaded with Kenyans not to forget the hard and arduous journey that the country has travelled over the decades in search of democracy.
“This struggle continues. Our destination is a place where the potential of each and every one of us – no matter our gender, ethnicity, race, religion, region, identity, origin, or social status – is a full member of our society. That is what the BBI is about,” he said.
Adding that it is a project of opportunity, equity and equality for all, Mr Odinga added that the thinking behind the BBI is to build a country of strong institutions and where citizenship means the ability and opportunity to realise one’s full humanity.
“That is our quest as we seek a second opinion on the BBI from the Court of Appeal.”
