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BBI The High Court ruling on May 13, 2021 flawed
Started by Raymond Odongo
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0 Replies
Posted: 3 yrs
The President can initiate a popular initiative as a matter of principal. Should a sitting President have an idea which is popular with the public and the parliament at the time is rogue and reactive, the only option available for the President is to take the initiative to the public to decide themselves.
The question about the form of government Kenyans desired through BBI required that the President disbands the BBI Steering Committee and allow public sponsors of the BBI Bill to take over from there.
The judgment, therefore, by the High Court on May 13, 2021 ought to have considered the BBI process from the time the Steering Committee was disbanded. In this context, the President's involvement ended when he received the BBI Steering Committee Report 2020 and he therefore is not an initiator of the BBI Bill!
The High Court ruling also did not consider the fact that the Handshake Alliance comprised of President Uhuru Kenyatta and Rt. Hon. Raila Odinga, the People's President. This omission further serves to prove that the HC findings were unconstitutional since it was biased and therefore prejudiced the Raila Odinga committed public but assumed that it was multivariate a State sanctioned process.
Last but not least is the fact that constitutionalism is not the rule by law, but the rule of "Supreme" Law. Constitutional amendments to CoK 2010 have all been on Parliamentary legislations. In 2020 alone, the Judiciary annulled 23 laws passed by Parliament as unconstitutional. Serves as a prove that the Legislature has in the past misled the country by writing and passing bad laws to legitimize the rule by law rather than the rule of law.
BBI Bill addressed these questions and more in its proposed amendments, most of which could not have seen the light of day if this was to be a Parliamentary process alone. I urge all Kenyans to read the Constitution of Kenya (Amendment) Bill 2020 for themselves and make informed decisions on the referendum Bill rather than relying on politicians who are serving their personal interests.
The question about the form of government Kenyans desired through BBI required that the President disbands the BBI Steering Committee and allow public sponsors of the BBI Bill to take over from there.
The judgment, therefore, by the High Court on May 13, 2021 ought to have considered the BBI process from the time the Steering Committee was disbanded. In this context, the President's involvement ended when he received the BBI Steering Committee Report 2020 and he therefore is not an initiator of the BBI Bill!
The High Court ruling also did not consider the fact that the Handshake Alliance comprised of President Uhuru Kenyatta and Rt. Hon. Raila Odinga, the People's President. This omission further serves to prove that the HC findings were unconstitutional since it was biased and therefore prejudiced the Raila Odinga committed public but assumed that it was multivariate a State sanctioned process.
Last but not least is the fact that constitutionalism is not the rule by law, but the rule of "Supreme" Law. Constitutional amendments to CoK 2010 have all been on Parliamentary legislations. In 2020 alone, the Judiciary annulled 23 laws passed by Parliament as unconstitutional. Serves as a prove that the Legislature has in the past misled the country by writing and passing bad laws to legitimize the rule by law rather than the rule of law.
BBI Bill addressed these questions and more in its proposed amendments, most of which could not have seen the light of day if this was to be a Parliamentary process alone. I urge all Kenyans to read the Constitution of Kenya (Amendment) Bill 2020 for themselves and make informed decisions on the referendum Bill rather than relying on politicians who are serving their personal interests.
