Deputy President William Ruto has put out a coded message appreciating God for his love for Kenya hours after a Constitutional Court declared the BBI process illegal. In a tweet, the DP appeared to suggest that God had saved Kenya from the BBI Bill through the courts. “There is God in heaven who loves Kenya immeasurably. May God’s name be Praised forever,” he tweeted.
Earlier yesterday, a five-judge bench made up of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita declared the BBI process illegal, arguing that the President cannot initiate a popular initiative. According to the court, the BBI task force was a presidential task force and not the people’s initiative. The judges also ruled that the BBI steering committee is an unconstitutional body. “It is our finding that popular initiative is a power reserved for Wanjiku neither the president or any other state organ can utilize article 257 to amend the constitution.
“President cannot purport to directly initiate a constitutional amendment. He isn’t part of parliament. He has no power under the constitution to initiate changes under the constitution since parliament is the only state organ that can consider the effecting of constitutional changes. The president is not permitted to amend the constitution using popular initiative” As to whether IEBC has the capacity to hold a referendum, the court noted that the elections body lacks the quorum to oversee a Constitutional amendment process through a popular initiative.
“A referendum cannot be determined by an organ that is not properly constituted. We conclude that IEBC did not have the quorum at a time it made and therefore all decisions made were invalid, null and void,” the judges pronounced themselves,” the court ruled. The ruling was issued after a number of Kenyans including; James Ngondi, David Ndii, Jerotich Seii, Wanjiku Gikonyo and Ikal Angelei among others moved to court challenging the BBI process. The court directive is a blow to President Uhuru Kenyatta and his handshake partner Raila Odinga as they were hopeful of having a referendum by June 2021.
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