We will revive BBI, Supreme Court verdict was ‘friendly’ : Jubilee » Capital News

NAIROBI, Kenya, Apr 1 — Jubilee Party now says the Supreme Court Judgement on the Building Bridges Initiative (BBI) was a win for them and that it provides the basis for the revival of the clamor to expand the national executive.

Jubilee Party Secretary General Jeremiah Kioni termed the jubilations by anti-BBI politicians as misguided saying the judgment by the seven-judge bench paved the way for constitutional changes curtailed by the Constitutional Court and Court of Appeal.

“Unlike what the High Court and Court of Appeal did trying to say we have no responsibility in ensuring the document serves Kenyans better, what the Supreme Court ruling did was actually to clear that pathway,” said Kioni.

Tellingly, Kioni stated that plans are underway to revive before the August polls through a parliamentary initiative and later by popular initiative after the polls.

“We now can address the issues we want to address, it might takes us a little longer but the court have said clearly its upon responsible to look into shortcoming of the constitution and address the issue,” Kioni stated.

The law hinders efforts by BBI proponents to resuscitate the constitutional change process within six months to elections.

The Constitution (2010) provides that a referendum process cannot be conducted six months before polls.

Kioni however said the Jubilee Party will revise timelines for proposed changes.

“We are celebrating the ruling because its now a question of the date. When are we going to implement it,” Kioni stated.

While commending President Uhuru Kenyatta and his partner in the Azimio Movement for initiating the process in 2018, Kioni faulted Deputy President William Ruto for fighting a document he argued was meant to advance the interests of all Kenyans.

“That’s the document being fought by UDA,William Ruto is on record having celebrated the Supreme Court judgement,”said Kioni.

The Supreme Court sounded the death knell for the constitutional amendment process after ruling that it was unconstitutional.

The majority ruling by a seven-judge bench found that President Uhuru Kenyatta’s involvement in the process was unlawful.

Six of the seven judges were in agreement that the President cannot initiate amendments by sponsoring a popular initiative.

In a summarized judgement, Chief Justice Martha Koome further stated that the creation of 70 new constituencies was also against the law since the same was an exclusive mandate of the electoral commission.

“In the BBI appeal, we have allowed 5 and disallowed 2,” she stated.

The 7-judge bench focused on 7 areas that included basic structure doctrine, whether the President can initiate a popular initiative, creation of 70 new constituencies, whether the President can be sued, public participation, whether the Independent Electoral and Boundaries Commission (IEBC) was properly constituted and the format of referendum questions.

Majority of the judges agreed that the President cannot initiate the popular initiative, apart from Lady Justice Njoki Ndung’u who argued that the President can initiate the process either in his personal capacity or in his official capacity.

She said Kenyans have a right to enjoy representation from their duly elected leaders, through whom they can exercise sovereign power.