Supreme Court ruling on BBI draws mixed reactions

Thursday's Supreme Court ruling that declared the BBI referendum process illegal elicited mixed reactions among leaders across the political divide.

The two sides welcomed the decision of the highest court in the land but could not agree on the implication of the ruling of the seven-judge bench.

While Ruto’s supporters insisted that the historic ruling marks the death of BBI, their counterparts in Azimio la Umoja lauded the setting aside of the basic structure doctrine.

They argued that it gives future constitutional amendments a lifeline.

ODM leader Raila Odinga speaking hours after the judgment said he will issue a statement after going through the ruling.

“Just seen the judgment, we are going to issue substantive statement about it,” Raila said.

Lawmakers led by Rarieda MP Otiende Amollo celebrated the landmark ruling, saying by setting aside the basic structure principle the verdict gives hopes to any future constitutional amendments.

The apex court ruled that the basic structure doctrine is not applicable in Kenya, a key cog in the lower courts’ judgment.

"The basic structure doctrine is not applicable in Kenya. In order to amend the Constitution of Kenya 2010, the four sequential steps are not necessary," Chief Justice Martha Koome said.

If it (basic structure) were left to stand, it would basically render any amendments to the 2010 constitution impossible.

According to Otiende who is a lawyer by profession, the setting aside of the basic structure doctrine gives leeway for the resumption of the law change after the general election.

Kenya Kwanza principal Musalia Mudavadi reacting to the judgement termed the decision to stop BBI a bold move.

“I congratulate the Supreme Court judges for their bold decision which essentially puts a stop to the BBI reggae,” the ANC boss said.

“Kenya is indeed fortunate to have a strong and independent Judiciary to which the people can always turn to when those in power become outrageously impertinent.”

Otiende dismissed claims that the Constitution of Kenya Amendment Bill 2020 is dead.

“Because the Supreme Court decision appears to incite a number of members especially those who do not understand the law, contrary to  celebration they should be actually mourning,” Otiende said.

“Out of seven fundamental points, the Supreme Court has allowed five; it set stage for ‘reggae’ to resume immediately after elections.”

The court found fault with the initiator of the process and the scheduling of constituencies.

In their argument, the President cannot initiate a constitutional amendments through a popular initiative.

The judges also ruled that the creation of the 70 new constituencies was unconstitutional under the second schedule.

Suba North MP Millie Odhiambo also concurred saying those who are celebrating the death of BBI are in for a rude shock.

“It is sad people don’t understand the importance, if the court had allowed the basic structure concept 'reggae' would be dead as a dodo. What judges have said is do it right and 'reggae' is back,” Odhiambo said.

Yesterday, National Assembly Speaker Justin Muturi resisted attempts by pro-Ruto allies to have the House adjourn and deliberate on the landmark ruling.

Kiharu MP Ndindi Nyoro had raised the matter claiming the ruling is monumental and the House needed to deliberate on the same.

“We had a monumental ruling, I am seeking your indulgences that we have a motion of adjournment for us to ventilate and congratulate Judiciary. This process from the onset has been marred by a lot of illegalities,” Ndindi said.

Nominated MP David Sanok lauded the verdict saying it is an end of the initiative that was being spearheaded by President Uhuru Kenyatta and Raila.

Deputy President William has been opposed to the botched constitutional amendments arguing that it was meant to create positions for a few individuals at the expense of the millions of Kenyans.

(Edited by Tabnacha O)