A lawyer from Kilifi county has hailed the judiciary for nullifying the BBI Bill process saying it has brought justice to the people.
George Kithi who is eyeing the Kilifi senatorial seat said the ruling was in line with the constitution which states that the President has no powers to influence the amendment process.
Speaking after giving out football kits to teams in Tezo area, Kilifi the lawyer said from the beginning as legal experts and members of the law society of Kenya they have been opposing the BBI because the constitutional process was not followed.
“We opposed it because issues of the constitutional amendment have two ways which include people-driven process or parliamentary driven process,” Kithi said.
“In government, there are three arms of government composing of the executive that consist of the Presidency, the judiciary and the legislative arm which is parliament that is mandated to constitute the laws.”
He said parliament has powers to make constitutional amendments but the President has no powers to institute any changes in the constitution because he is conflicted.
Kithi said the constitutional amendment process was wrong because it started on the wrong foot due to the handshake between President Uhuru Kenyatta and former Prime Minister Raila Odinga.
“They came up with the process so that what they agreed secretly would come out in public through the BBI,” he said.
“Therefore BBI was initiated by the executive while as per the constitution the President has no powers to come up with laws or make amendments.”
Kathi said as per article 1 of the constitution, the amendment can be done through a people-driven process who may come up with a proposal for a referendum or indirect democracy through the elected leaders representing the people in parliament.
He said the judiciary did the right thing because what they have been agitating against the BBI has now been successful legally.
Kithi said so far there will be no referendum and urged the President to either go back to the people and engage them through public participation or go through parliament if he wishes to come up with any constitutional changes.
“There will be no constitutional changes because those who came up with the process had no mandate, if they want those powers they need to go and engage the people or parliament,” he said.
Edited by Kiilu Damaris
