•Lawyer Paul Mwangi said that in his part, he did not agree that President Uhuru Kenyatta initiated the BBI constitutional amendment.
• The High Court and the Court of Appeal also nullified the BBI.
Image: COURTESY
The nullification of the Building Bridges Initiative appeal by the Supreme Court on Thursday elicited mixed reactions from a cross-section of legal practitioners in the country.
Whereas some lauded the apex court's judgment on the appeal, some like lawyer Paul Mwangi who co-chaired the BBI secretariat faulted it.
Speaking shortly after the annulment of the initiative, Mwangi said he did not agree with the court's judgment that President Uhuru Kenyatta was the initiator of the popular initiative.
Former Law Society of Kenya (LSK) chair, Nelson Havi, said the president had a better way to approach the amendment but chose to ignore it.
Havi also said that if the BBI will be pursued in the future, it should follow the parameters of the Constitution.
Havi was one of the lawyers who opposed the BBI Bill.
The initiative emerged following the March 9, 2018 Handshake between President Kenyatta and ODM leader Raila Odinga.
The two reached the truce after months of unrest following the contested election results of the 2017 general election.
Prior to Supreme Court's judgment, the High Court and the Court of Appeal had declared the BBI unconstitutional, null and void in their respective rulings in May and August, 2021.
Here are some of the tweet reactions:
We respect the Supreme Court of Kenya.
— Kalonzo Musyoka (@skmusyoka) March 31, 2022
THE Supreme Court has spoken. Res ipsa loquitur.
— Prof Makau Mutua (@makaumutua) March 31, 2022
Well, it took a determined cat to stop the noisy, noxious, nuisance that was the BBI Bill reggae. It matters not that the Supreme Court has held that the Basic Structure Doctrine is inapplicable in Kenya. In the end, all that matters is the pronouncement, “It is null and void.” pic.twitter.com/JQSjYnVcKq
— Nelson Havi (@NelsonHavi) March 31, 2022
To @CJMarthaKoome: The world will not rely on jurisprudence, or Decisions, from Kenya until you RAISE your intellectual and jurisprudential STANDARDS, which are currently very low.
— Dr. Miguna Miguna (@MigunaMiguna) March 31, 2022
You didn't have to read @AngawaEA's, @NelsonHavi's and @ahmednasirlaw's Tweets.
I told Kenyans that the previous judgments on the BBI, both in the High Court and Court of Appeal, were pure politics and not anchored in law. They should now tune in and listen to the judgement by the judges of the Supreme Court.
— Francis Atwoli NOM (DZA), CBS, EBS, MBS. (@AtwoliDza) March 31, 2022
On the whole a good judgement by the Supreme Court on the bbi. CJ Koome and Ibrahim were outstanding in their reasoning. Smokin, Ouko and Mwilu were good. Lenaola was disappointing. Njoki...Oh My God...painful to listen to!!!
— Ahmednasir Abdullahi SC (@ahmednasirlaw) March 31, 2022
I have a special relationship with Hon Justice M K Ibrahim he knows nothing about. Straight out of the University of Nairobi, Fred K Athuok, Managing Partner of Ibrahim Issack & Co Advocates founded by the learned Judge, allowed me to learn at the firm prior to my joining KSL.
— Esther Ang'awa (@AngawaEA) March 31, 2022
NULL & VOID. I repeat NULL& VOID!
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) March 31, 2022
SUMMARY of #BBIFinalVerdict. Reggae is BACK. Its main impediment was the Doctrine of Basic Structure. All seven judges THREW it out. All the other ISSUES in this case are nothing but legal MUSINGS.
— Mutahi Ngunyi (@MutahiNgunyi) March 31, 2022
His Excellency Dr William Ruto told us to always speak the truth to power. pic.twitter.com/V5upb1SzHV
— Irungu Kang'ata (@HonKangata) March 31, 2022
BBI Constitution fails on ONLY ONE GROUND: initiated by the President … It therefore means that between now & August, fresh Promoters can dust up the Bill, remove the part relating to Constituencies only & run with it successfully on all the other Proposals .. #BBIFinalVerdict
— Donald B Kipkorir (@DonaldBKipkorir) March 31, 2022