Leaders react to Supreme Court Building Bridges Initiative ruling

The nullification of the Building Bridges Initiative appeal by the Supreme Court Thursday was met with mixed reactions from a section of politicians and legal practitioners.

Azimio la Umoja flag bearer Raila Odinga applauded the verdict of the Supreme Court saying it is a much desired reiteration of the sovereignty of the people of Kenya particularly in the backdrop of questions surrounding amendments to the Constitution.

´´The verdict is empathetic that every state organ must always subject itself to the people of Kenya and must never usurp their sovereignty by substituting their will with that of state officers and state organs.´´ Said Odinga.

Adding: ´´I am particularly pleased by the introspection that the Chief Justice has started regarding the role of the Judiciary in the constitutional order and its relationship with other arms of Government.´´

In a statement, Odinga who has been on the forefront championing for the BBI Initiative stated that it is time the country had a conversation regarding the separation of powers between the Executive,the Legislature and the Judiciary and the roles of Checks and Balances of each arm of Government so as to enhance governance in the constitutional order, without jeopardizing the obligation of each arm to deliver to the people of the Republic of Kenya.

We will not stop deliberations on the way forward that will decide on a future course of action that protects the interests of all those who voted to see the amendments come to light.

For now, we have an election to WIN! pic.twitter.com/U22eGatV0M

— Raila Odinga (@RailaOdinga) March 31, 2022

BBI Co-chair Paul Mwangi said he did not agree with the court’s judgment that President Uhuru Kenyatta was the initiator of the popular initiative. 

On his part, Suna East Member of Parliament Junet Mohamed said Kenyans, especially future generations, must be glad to know that our constitution can be amended.

In a statement, Mohamed who is also the national coordinator for Azimio la Umoja coalition says the Supreme Court has agreed with a number of issues we raised, and as is expected, disagreed on others.

This follows the ruling delivered by the Judiciary Thursday.

Junet said there now exists judicial clarity on how to amend the constitution.

´´The judgment affirms our belief in the rule of law and constitutionalism. It also demonstrates the maturity of our democracy and its core institutions.´´ Said Junet.

Former Law Society of Kenya (LSK) Chair, Nelson Havi, said the president had a better way to approach the amendment but chose to ignore it.

Havi also said if the BBI will be pursued in the future, it should follow the parameters of the Constitution. 

He was one of the lawyers who opposed the BBI Bill. 

Prior to the Supreme Court’s judgment, the High Court and the Court of Appeal had declared the BBI unconstitutional, null and void in their respective rulings in May and August, 2021. 

The initiative emerged following the March 9, 2018 Handshake between President Kenyatta and ODM leader Raila Odinga.

The two reached the truce after months of unrest following the contested election results of the 2017 General Election.