“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.