“High Court ~ “President Uhuru Kenyatta violated Article 131 (2) (c) of The Constitution of Kenya. He has failed to respect, uphold and safeguard the Constitution. He has failed the leadership and integrity test under Article 73 (1) (a).”” (Moja Africa, 13.05.2021).
The prolonged agony of the Presidential Handshake and the Building Bridges Initiative for National Unity (BBI) which seemingly this week was on its way to get ratified after the vote in the Senate. It all seemed to be fair game. The law was on its final stages after a long process lasting through the most of the this term. To be finalized before the polls of 2022. However, today the High Court buried the thing.
The High Court did what many other before them should have done. They shouldn’t have let this one fly. The authorities, the statesmen and everyone involved should have known this. It was an enterprise only for the elected elite and not to better the Constitution. Still, they pushed on all the buttons and did what they could to sell this BBI.
However, it is no finalized. The BBI is unconstitutional and annuls the referendum process of it. Meaning it has no way to go or get enacted at this mere moment. The ones living and breathing the BBI have lost. They have wasted a term and the ideals of it is treasure chest of lost opportunities.
“There is no legislative framework for the conduct of a referendum for the People of Kenya to approve the BBI Bill. It is necessary that the legislation be put in place for any such amendment to The Constitution of Kenya…” (Mwanzo TV, 13.05.2021).
“A constitutional amendment can either be initiated by a Parliamentary or popular initiative…It is clear BBI is an initiative of the President. The President is not an MP, Cannot directly purport to initiate a Constitutional amendment.” ~ Justice Jairus Nyagah” (Mwanzo TV, 13.05.2021).
President Uhuru Kenyatta and Raila Odinga have been trading this BBI all through this term. Since they made peace. They have worked on it and hold all sorts of meetings, committee’s and even had a BBI Secretariat. Still, all of this have been done for nothing.
The two gentlemen in question who has invested, promoted and worked for this to go through. They have used all means to get it passed. Now, that has backfired and it now smells fishy. These two now have to answer to the High Court judgement. Maybe Kenyatta will go out mad like he did after the Supreme Court Judgement nullified the election and called for the Fresh Presidential Elections. That was when Kenyatta called it a “Judicial Coup” and called them “Thugs” taking away the power from the Wannachi.
Now, we can wonder if he will go off and pop-off too. He was so close to finish his referendum, which he has worked together with Odinga. These two has to re-activate and maybe be worried. As plenty are implying this could be an impeachable offence and he could get charged with chapter six. However, we don’t know that will ever happen.
Since the whole Parliament and both chambers are friendly faces of the President. I don’t see it likely that the Members of Parliament and Senators will turn on the President. That doesn’t seem likely at this point of time. They are too connected and been so positive to the whole BBI. Therefore, it doesn’t seem like a thing happening anytime soon. Unless, all the knives suddenly are getting out.
Though Kenyatta and Odinga will have to smooth this all over. No matter what they do now. They will have little to no time to fix this. If they appeal or tries to get it further. That will only cause furthering arguments, which has already gotten a judgement. The whole process is still the same, which the 5 judges gave a verdict on.
These two gentlemen have now to carry the cross. They have to swallow their pride and know they have wasted one term in office. These two has to now carry the blunt force of the lack of proper execution. This being the incumbent President and a former Prime Minister. These two should know the rules and how things are supposed to be done. They both need to be held accountable for this and lack of procedure. These two was willingly pushing this without the proper procedure.
That shows a lack of care or concern for the law. Which is ironic, when these are men who has been bestowed with a lot of trust. Secondly, they have long experience in the Parliament and should know how these things are supposed to go.
Kenyatta and Odinga better start carrying their cross. They have pay for their sins now. Peace.
The Building Bridges Initiative to National Unity or the BBI is not worth all of this. It is the works of the elites and for the elites. This is a referendum packaged in a massive flamboyant imprint, but the product is flawed. It promise salvation, betterment and greatness, but will only deliver agony.
As the BBI in the current form is only beneficial for the ones running for office. For the next President and his Cabinet Secretaries. This is to ensure more loyalty for the elected officials, but not to change Parliament or the governance for something substantial better.
No, the peace-offering between Kenyatta and Odinga was good. It bought them together and brought peace. They became civil and even acted as kin. The Orange Democratic Movement went from opposition to a blind ally. The Jubilee had suddenly a super majority and no real opposition. As the other parties of the National Super Alliance was left with little to nothing. This whole term the government has practically been run without any real opposition and “yes-men” surrounding him.
They release the Joint Press Release today just to push for it even more. As they are pursuing a possible end-game and a final victory for it. They want it too happen, as they have put all the eggs in this basket. Not like the President or his unofficial Prime Minister haven’t traded all the goods to sell this legislation. The President have seemingly given up all the promises of Jubilee and the Big Four. On the other hand, Odinga bailed on Promised Land and “Canaan” over this.
That is why for these two to come out good from this term. They need this enacted and be a success. Because there is little other to achieve. They need the BBI to work and be their joint venture. Not that it will serve the general public or do any good. However, they will sell it like a saving grace. Though, the ones who has studied it knows it will not do what these two are saying.
Everyone with a little knowledge knows that this one is only bad. Nevertheless, Kenyatta and Odinga needs to go all in. It is not like they have anything else to sell. This is what they have done and worked for over the last three years. Not like the President can show stadiums, a profitable SGR or anything else. He cannot even say his been conclusive on his forever battle with corruption. There is only a lot of disappointments and failures, which he doesn’t want to be associated with.
That is why Kenyatta and Odinga needs the BBI to passed. Even if it is based on a lie and built on a foundation of sand. The house will be torn to piece by a storm and be washed away by the waves. Still, the sand-castle seems so magnificent and speaks volume of the time making it presentable. As soon as the winds changes and the waves start hitting its walls. The sand will not muster strength and hold it up. It will give way and vanish.
The same will happen to all the promises of the BBI. The BBI will only deliver the good results for the next President and his allies. There will be no redemption and good gifts. This will only further the expenses of the state without any proper justification for added domestic revenue. Neither does the mechanisms and the other adjustments really deliver on old promises either. It is just a flamboyant way of getting more power to the Head of State. Making sure the person on top has more control and can rule supreme.
Kenyatta and Odinga has wasted this term on the BBI. If this is how they will be remembered. It is surely a tragic way of Kenyatta to end his second term. Not to mention that Odinga went from standing strong in opposition in two elections to sell his soul on the altar of BBI. He went all in and will not even get proper reforms or changes that his talked about for years. This is just serving the dynasties, cartels and not creating anything tangible.
The BBI is the trick and the hustle. That has broken the Republic, but also shown the ugly side of the political elite. How they think they can fool anyone and get away with murder. Because, this is a homicide and a destruction of the Constitution. Just so someone can get more power. That is the gist of this bill and this legislation. That they are selling like a remedy against bad governance. However, it will not deliver and will not work. Only a fool buys into this thing and believes the stories.
The two bedfellows have to merry and be giddy about it. They know the verdict and the victims of it. They know and we know… that’s why its weird that this is the hill they decided to die on. Peace.