Skip to main content

Magic Legal Plot to Revive BBI Bill

There are heightened behind-the-curtain machinations to revive BBI driven Constitution of Kenya Amendment Bill, 2020. This is after Attorney General Paul Kihara dropped an earlier application for appeal at the Appellate Court.

The government, in liaison with top legal minds, is exploring ways of beating the set timelines to overcome the High Court legal hurdle placed on their way. Classified information reveals an ongoing high-profile plan to file an appeal application with the Supreme Court.

However, a number of State bureaucrats are opposed to this move and propose the natural course of Justice to petition the ruling at the Court of Appeal. Those proposing the Supreme Court way are worried that the case might take a longer time at the appellate court.

Legal pundits argue that it might be a herculean task for BBI proponents to mount a robust legal battle to challenge High Court verdict. The violations begin from the president being the initiator of the Bill to signature verification that was done by IEBC commissioners who had failed to meet the minimum threshold. 

BBI Bill was thrashed by the High Court after it failed to meet the constitutional threshold. A five judge bench ruled that the proposed constitutional amendment Bill was not a popular driven initiative, but an Executive driven one.

Political leaders allied to President Uhuru Kenyatta and opposition leader Raila Odinga castigated the court following the shocking verdict. Raila and allies stated that they would seek legal appeal, and called for restraint. 

Since the court decree, President Uhuru has maintained his silence over the issue. Raila’s allies are worried that ‘handshake’ is in jeopardy, something that was evident at the Bonchari by-election where ODM Secretary General Edwin Sifuna and Party treasurer Timothy Bosire were pursued by the Police during the voting process.

Raila expressed his disappointment over the Bonchari incident and accused a cabal of State officers for trying to reverse the gains made by the ‘handshake’. It was the first incident of mini poll clashes pitting the two Parties, since Uhuru and Raila chose to put aside their political differences. 

Deputy President William Ruto has, on numerous occasions, opposed to the proposed constitutional amendments. Ruto and allies celebrated the court’s decision that declared the Bill as null and void. He reacted by stating that it was the highest time the government committed itself to the Big 4 agenda and fighting Covid-19 pandemic.

BBI debate had exacerbated the differences between Uhuru and Ruto. To Ruto, Building Political Bridges was a BBI divide that was meant to politically alienate him and block his presidential ambitions. Most of the DP’s allies were dethroned during heightened Jubilee purge, when BBI debate was on pause mode due to Covid-19 in 2020.

Comments

Popular posts from this blog

How Human Noise Kills Marine Species, as revealed by Scientists

Scientists have warned that the discord of noise made by humans is harming marine species .  A comprehensive assessment revealed that large noise from human activities was as harmful as pollution, overfishing and climate change .  The study that was conducted by the Journal Science exposed how marine animals can hear from far distances than they can see or smell. According to a report published in the Guardian, most of the marine life uses sound to catch prey as well as attracting a mating partner.  Prof Carlos Duarte of King Abdullah University in Saudi Arabia argued that: “Marine animal can only sea up to around 10 meters, smell up to around a hundred meters, but they can hear across the entire ocean basins.” The research concluded that sound “is very important in the marine ecosystems, and noise is pervasive, affecting animals at all levels .” The increasing cacophony in the marine habitat is interfering with how marine animals respond to various survival...

Why Ruto will heavily rely on Mudavadi, Joho in his reelection bid

 When Kenya president William Ruto was almost overwhelmed with gen z revolt, his landmark decision was to dismiss the entire cabinet. This occurred immediately after his refusal to sign the Finance Bill 2024/2025. Ruto endeavored to reconstitute a new cabinet, dubbed broad-based executive. He incorporated key opposition figures drawn from the ODM Party - a move that appeased the doyen of opposition Raila Amollo Odinga. Cabinet Secretaries drawn from ODM included: Hassan Ali Joho, Wycliffe Ambetsa Oparanya, John Mbadi Ng'onga and James Opiyo Wandayi. ODM is as good as dead, and Raila's age factor limits him from flying the Party's presidential flag again and has opted out by contesting as Africa Union Commission (AUC) chairman. President Ruto will heavily rely on two members of his cabinet in his reelection bid. Both Musalia Mudavadi and Hassan Ali Joho are billionaires going by their own assertion while appearing before the Parliamentary Committee on Appointments. President...

Kenya’s Quest for New Chief Justice: Unraveling Maraga’s Successor

The Judicial service Commission (JSC) began the process of seeking Kenya’s new Chief Justice (CJ) and President of the Supreme Court, on Monday April 12, 2021. 13 individuals applied for the CJ position, but after a thorough scrutiny 3 were dropped.  The process began after the clearance of ten candidates wishing to succeed former Chief Justice David Kenani Maraga. Among those cleared for interviews were: Justice Said Chitembwe, Prof Patricia Mbote, Justice Martha Koome, Justice David Marete Njagi, former DPP Philip Murgor, Justice Mathew Nduma Nderi, Senior Counsel Fred Ngatia, Justice William Ouko, Prof Moni Wekesa, and Alice Yano. JSC interviewing panel The interview panel was cast out of a nine-member bench drawn from JSC which includes: Prof Olive Mugenda (public representative/ JSC chairperson), Philomena Mwilu (acting Chief Justice), Agnes Amadi (Chief registrar of judiciary), Justice David Majanja (JSC commissioner), Justice Mohammed Warsame (JSC commissioner), ...