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Uhuru Hounded by Maraga’s Remarks, BBI Court Ruling disclosure

Former Chief Justice David Maraga put the Judiciary on a collision course with the Executive when he led the Supreme Court of Kenya in nullifying the 2017 presidential elections which IEBC had declared President Uhuru Kenyatta as the winner.

The agitated Uhuru hit the campaign streets with reprisal threats coined in the phrase of ‘we shall revisit’.  True to his words, the President facilitated the judiciary budget cut and refused to swear in new judges. 

BBI legal hurdles put the President in a dip over his plans to amend Kenya’s constitution. Is the Judiciary revenging against the Executive? The matter of constitutionality of any process to amend the constitution can be challenged in a law court.

Maraga’s Remarks

During his twilight days as Kenya’s Chief Justice, Maraga warned the judiciary against doing the wrong thing that might plunge Kenya into chaos.

“I am sure you have seen the drums or political wars being beaten already. My colleagues, if you waver and do the wrong thing and this country descends into chaos; God will never forgive you. Do the right thing,” Retired CJ David Maraga warned the judiciary on January 11, 2021.

BBI Major Blow

It was undeniably the BBI night of shock as High Court ruled on Thursday that President Uhuru Kenyatta had no legal mandate to initiate constitutional amendments. The Court declared BBI taskforce as a presidential initiative and not the people’s taskforce.

Justice Joel Ngugi, George Odunga, Jairus Ngaa, Teresia Matheka and Chacha Mwita issued a verdict declaring BBI steering Committee unconstitutional. The five-judge bench declared that the President had contravened the constitution in a manner that could warrant his impeachment.

The Court fired salvo to the President, arguing that he can be held personally liable over his infringement of the constitution. 

“The President can be sued personally if he acts outside The Constitution of Kenya or does anything in disregard of The Constitution of Kenya,” Justice Mwita stated.

BBI Course

BBI Bill was endorsed by over 4.5 million Kenyans who appended their signatures seeking to amend the Constitution of Kenya. The Bill was later endorsed by 43 County Assemblies. 3 Counties voted against the Bill, while 1 County abstained.

The document was forwarded to the Speakers of both Houses. National Assembly approved BBI Bill with an overwhelming majority voting in favor of it. The Senate also ratified the Constitution of Kenya Amendment Bill, 2020. 52 Senators voted yes while 12 rejected and 1 abstained.

The Court’s decision on Thursday blocks the chance of having a BBI referendum. A national plebiscite would have marked the final lap of the Constitutional Amendment journey.

BBI Anomalies as identified by Judges

  1. The President, State agencies or any government officer cannot initiate a popular initiative to alter the constitution.

  2. The 2020 Constitution Amendment Bill was initiated by the President.

  3.  The BBI Steering Committee is an unconstitutional entity.

  4. The BBI Steering Committee failed to avail copies of the BBI Bill to the public.

  5. The attempt to create and distribute additional constituencies in the BBI Bill is unconstitutional.

  6. IEBC was obliged to ensure there’s proper public participation.

  7. There was no evidence that BBI Steering Committee used public funds but the Auditor General can audit.

  8. The President went beyond his powers and proposed amendments outside his explicit mandate.

  9. Amendments in the constitutional Bill should be subjected to a plebiscite and voted separately.

Was DP Ruto Right?

It seems that the Court is in agreement with issues that have been consistently raised by Deputy President William Ruto. Ruto has been advocating for multiple choice referendum, which was also singled out in the Court ruling.

Deputy President William Ruto welcomed the Thursday Court verdict. He wrote on twitter that: “There is GOD in heaven who loves Kenya immeasurably. May God’s name be PRAISED forever.”

Ruto Allies React to BBI Court Ruling

When the Court suppressed BBI Constitution Amendment Bill, there was celebration from DP Ruto’s camp as his allies praised the court ruling. 

Elgeyo Marakwet Senator Kipchumba Murkomen wrote on Twitter: “When the history of Kenya is properly written, the contribution of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita and Teresia Matheka will be written in golden letters. They are part of the few remaining Kenyan prophets who have not bowed down to Baal. God bless you.”

Murang’a Senator Irungu Kang’ata tweeted: “They have eyes but they don’t see. They have ears but they don’t hear. Wanjiku said it in Kiharu Constituency.”

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