• The appellate court declared the BBI process unconstitutional, null and void.
• But the President, Raila and mny others want it revived.
Image: TWITTER/ RAILA ODINGA
ODM leader Raila Odinga and the BBI Secretariat are still pushing yhe Building Bridges Initiative declared unconstitutional by the courts.
They say only the people have the power to determine what is good or bad for them in a constitutional amendment process.
In their submissions, the two have asked the Supreme Court to allow the petitions of appeal by the Attorney General and the Independent Electoral and Boundaries Commission. They ask the court to dismiss the appeal by Morara Omoke.
The AG and the IEBC are challenging a decision by the appellate court that declared BBI unconstitutional, null and void.
The AG is challenging the court's findings that the Basic Structure doctrine is applicable in Kenya and that the doctrine limits the constitutional amendments power set out in Articles 255 to 257.
IEBC will be challenging findings of the appellate court on the constitutional composition of the commission, quorum and its mandate.
The BBI secretariat and Odinga in its submissions before the Supreme Court argue that the proposal to amend clauses of a constitution that are amendable cannot be said to be unconstitutional.
"Bargains must be presented to voters in the negotiated from so that people intending to obtain one advantage have to agree to give similar advantage to another. Wthout , without such a provision , constitution making would be impossible," read the documents.
They claim that a proposal to amend what is amendable cannot be said to be unconstitutional and a court ought not to substitute the views of the people with its own,""The power of the court is to interpret and not to usurp either the role of the people or parliament," they added. Hearing of the case is set for January 18 next year.
(Edited by V. Graham)