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.