KATIBA CORNER

BBI court’s emphasis on history of Kenya’s Constitution must not be overlooked

Elaborate, extensive public participation required. The people would not leave amendment to politicians to alter basic structure

In Summary

• The first striking thing the court brought out was that Kenya needed a new Constitution because of what had happened to its first (and second) constitutions.

• The court held that the President had no business sponsoring a change in the Constitution using the popular initiative. 

The media have – unsurprisingly – tended to concentrate on the actual rulings of the court, or aspects that have attracted their particular curiosity.

Those of you who listened to the judges ...

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