On Thursday night, the BBI initiative came to an abrupt halt following a decision by a High Court bench sitting in Nairobi, to declare the exercise illegal and not constitutional. The ruling is a slap on the face of BBI promoters, who have spent the last two years preparing the country for a plebiscite.
With the latest development, President Uhuru Kenyatta’s advisor are putting up a legal team to not only challenge the unexpected ruling, but also for Uhuru Kenyatta’s indictment of being a constitution delinquent. Attorney General Paul Kihara and Solicitor General Ken Ogeto are putting up a team to appeal the defective High Court ruling on BBI.
Last night, Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita said President Uhuru Kenyatta had to powers to kickstart and an amendment to current costitution, saying such powers only lie with the people of Kenya.
”It is our finding that popular initiative is power reserved for Wanjiku neither the president or any other state organ can utilise Article 257 to amend the Constitution,” the judges said.
An insider not authorised to speak to the media confided to this publication, the president’s camp is jolted with the ruling, as well as that of his handshake partner Raila Odinga. The legal team, currently being constituted by President Uhuru and Raila Odinga’s allies begins work immediately.
”This is the time to see people who were quiet. They have been anti-BBI from the start. We are losing ground, the thing that works for us is the fact that William Ruto does not have the balls to lead the dissident voices,” the source said.
Last night’s ruling was a momentous one and can only be compared to that of August 2017, when the presidential election results were annulled.