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BBI ruling risks tearing country apart, Tuju warns

"What the court should be doing is helping the process, not breaking it."

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by nancy agutu

Counties18 May 2021 - 09:48
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In Summary


• Tuju said those celebrating the High Court ruling on the BBI are like dancing on the graves of those who have died during political violence in Kenya.

• Tuju said the BBI ruling was not only a legal matter but was also about getting political settlements.

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Jubilee Party's secretary general Raphael Tuju during a past press conference in Pangani, Nairobi.

Jubilee Secretary General Raphael Tuju has termed the BBI ruling as not just a legal matter but also about getting political settlements.

Tuju further accused the High Court of judicial activism and said such rulings risk tearing the country apart.

"What the court should be doing is helping the process, not breaking it," he said.

The SG was responding to last week's BBI ruling by a five-judge bench of the High Court during an interview with NTV on Monday night.

The High Court declared the BBI process to amend the Constitution as unconstitutional, null and void.

"The president has the responsibility for the national unity and he has to work towards that. Judicial activism of this type led to civil war in the US which is the worst ever witnessed in that country," he said.

Tuju said those celebrating the High Court ruling on the BBI are like dancing on the graves of those who have died during political violence in Kenya.

"When I see leaders celebrating this ruling, it is like they are dancing on the graves of victims," Tuju said.

Tuju said they welcome any opinions of any type.

"Nobody has a monopoly of intelligence. We are humble than the judges who say this is what it is period," he said.

"..they should also learn the word interdependence... they need the policemen to escort them as guards, drivers. The world is complicated."

When asked about BBI being a ploy to hoodwink Raila, Tuju said the President and Raila are very focused on the matter of bringing Kenya together.

"There are always conspiracy theories.. it doesn't bother me.  The two are focused on bringing Kenya together. The elections have divided the country for far too long," he said.

Tuju said the judges were unkind to President Uhuru Kenyatta after they referred to him as 'Mr' despite occupying the highest office in the country.

"If you consider some of the things that were said during the ruling, it is a bit worrying...I refer to judges as honourable judge and when I face them I refer to them as my lords. They were not fair to the president," he said.

Proponents of a constitutional review before next year's general election are mulling a parliamentary initiative should the Court of Appeal fail to resuscitate BBI.

However, this route will deal a severe blow to radical changes that the two intended to engineer because most require a referendum. 

The Star has established that the pro-BBI forces are exploring starting a fresh process in Parliament to salvage what they see as progressive proposals.

The plan is to have the BBI legal experts identify issues that require approval without a referendum so that a new Constitution of Kenya (Amendment) Bill, is introduced in the bicameral House.

Already, the BBI secretariat is gearing up for a legal showdown with the anti-BBI troops.

President Uhuru Kenyatta and ODM chief Raila Odinga are determined to have the Court of Appeal overturn a five-judge bench ruling that blocked the BBI process.

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