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Chief Justice Martha Koome entered office at a time when succession is looming, and the retirement of President Uhuru Kenyatta in 2022 might complicate her endurance in that position.  Uhuru’s Madaraka Day speech was threatening the judiciary in what he termed an attempt of the judiciary to create a constitutional limit on the sovereignty of the people.  Deputy President William Ruto, touted as a frontline presidential candidate, stated that the legislature should be robust, with a performing Executive and an independent and robust judiciary. The DP’s undertone was an indirect attack on the presidency. The manner in which Koome will respond to the way the Executive’s attack on the judiciary will determine her legacy as the Chief Justice of Kenya. In 2017, former Chief Justice David Maraga made a landmark ruling that stunned the Executive and the entire nation. Maraga made history as the first Chief Justice to nullify a presidential election, while invoking the ...

Orange Democratic Movement (ODM) has filed an appeal that singles out 16 key issues ignored by the High Court during the BBI verdict.  ODM leader Raila Odinga faulted the court for usurping the will of over three million Kenyans who appended their signatures seeking to amend the Constitution of Kenya.  Raila alleged that High Court deliberately ignored the evidence that was presented to it about the ratification of the initiative by the aforementioned number of people. ODM alleged that Justices George Odunga, Joel Ngugi, Chacha Mwita, Jairus Ngaah and Teresia Matheka erred by declaring themselves as the decision makers of amendable parts of the constitution. In their ruling at Milimani Law Court on May 13, the judges highlighted 17 issues, which influenced the outcome. Odinga argued that the five-court bench blundered when they stopped a non-existent BBI steering committee for the implementation of the BBI Taskforce Report whose tenure had expired in 2020. ...

Attorney General Paul Kihara is under fire for misleading President Uhuru Kenya over the Building Bridges Initiative (BBI) issue. This is after the High Court nullified its operation on legal grounds.  The Attorney General (AG) is the President’s Chief Legal advisor, and failed to offer advisory services on the State driven Constitutional of Kenya Amendment Bill, 2020. There were calls from a section of leaders demanding the dismissal of the attorney general for misleading the president. President Uhuru has been numerously blamed for disregarding court orders. The weakest link in the chain of justice is the State Law Office, which has failed in offering legal advice to the president. The AG has already filed a petition to appeal BBI judgment . Kihara disagree with the decision made by the five-bench judge. On his part, Uhuru has maintained a studious silence over the matter that has sent shockwaves across the Kenyan political divide. Kihara accuses Justices Chacha Mwita...

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 ve...

The much anticipated Raila, Uhuru fallout is imminent. The recently concluded by-elections reveal a glaring disparity between the handshake partners.  Unlike previous mini polls where Jubilee withdrew its candidature in support of ODM and vice versa, the latest development indicates that things have fallen apart. BBI stalemate and President Uhuru Kenyatta’s silence over the issue raise has attracted scrutiny, as DP Ruto’s camp gain political mileage. The flip-flopping Attorney General Paul Kihara confirms the hidden agenda of depicting the process as executive driven, which is a major legal hurdle. The architects have to proof the document as being driven through a popular initiative and debunk the High Court verdict. Uhuru’s commitment to BBI is dubious. There is more than what is in the public domain.  Mini Polls Confirm Uhuru, Raila Fallout In the mini elections, ODM won the Bonchari constituency seat amid tough competition from Uhuru Kenyatta’s Jubilee Party a...

Building Bridges Initiative (BBI) has been the glue that has been holding President Uhuru Kenyatta and opposition leader Raila Odinga together. The declaration of its illegality by the High Court was a major blow to the two top political goliaths.  The silence of the two speaks volumes. Since BBI Bill was declared as null and void there has been conspicuous silence from State House and Orange House, apart from a few rebuttals from their allies. BBI proponents have contemplated to appeal the High Court decision. Legal pundits observe that those seeking to overturn the High Court’s ruling on BBI will have a colossal task at the Court of Appeal. The intricacy surrounding the legality of Bill is the one that has made the Principals to remain silent. The decision of declaring BBI as unconstitutional sets a renewed tussle between the Executive and the Judiciary. President Uhuru Kenyatta is hounded by parting remarks made by former Chief Justice David Maraga. Central Orga...

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 an...

Is it the end of the road for the 2020 Constitutional Amendment Bill? BBI crusaders suffered a major shock when High Court challenged its legality. When BBI Bill was approved in the National Assembly , there were numerous undertones of bribe allegations. The same scenario was witnessed when the same 2020 Constitutional Amendment Bill was ratified by the Senate.  A whatsapp Group discussion involving DP Ruto ’s allies revealed that there was a package that was granted to manipulate the outcome of the parliamentary votes on the Bill.  The firebrand Gatundu South lawmaker, Moses Kuria recently told BBC that he was ready to refund the Ksh. 100,000 bribe that he received from parliament. Both sides of the political divide seem to have bribed the legislators ahead of the landmark parliamentary vote .  High court issued a ruling on Thursday, declaring the constitutional amendment as illegitimate. In a rejoinder, BBI secretariat implored court to consider the pub...

ODM leader Raila Odinga has met Senate Minority Leader James Orengo. Raila reportedly met Orengo on Monday alongside Rarieda MP Otiende Amollo, Kakamega governor Wycliffe Oparanya and his Kitui counterpart Charity Ngilu. The meeting between the five raised eye-brows with a few people praising Oparanya and Ngilu for mediating the crisis that had befell ODM. Raila hosted the guests at his Karen home. The meeting was held a day before the Senate BBI Bill vote.  BBI Bill was overwhelmingly voted for in the National Assembly last week. Surprisingly, former Justice Legal Affairs Committee (JLAC) Vice Chairperson Otiende Amollo was among legislators who ratified the Bill. “I had a great chat this morning with Governor Charity Ngilu and Governor Wycliffe Oparanya together with Senator James Orengo whom I hosted for brunch. Thanks for dropping by,” Raila tweeted. Orengo would later describe the meeting as “very refreshing to catch up with my Party Leader Raila Odinga, Governo...

It was indeed a ‘Super Tuesday’, as had earlier been predicted by ODM leader Raila Odinga. The move to amend Kenya’s constitution through a referendum saw a green light on Tuesday, when majority of County Assemblies approved the BBI bill . In Murang’a County, MCAs approved the bill to the chagrin of Senator Irungu Kang’ata. Murang’a MCAs unanimously voted in favor of BBI. Kang’ata had earlier written a letter to the president informing him that BBI was unpopular in Murang’a County. Kenyans on Twitter teased the former majority whip for conducting a shallow research.  BBI received a backlash from a section of activists who alleged that MCAs were bribed with ‘a car-grant promise’ for them to pass the BBI-driven constitutional amendment bill. So far, only one county has opposed the BBI bill and that is Baringo County. Most counties within the backyard of deputy president William Ruto are yet to pass the bill, in what one political pundit alluded as ‘a clear instruction to ...