Last news

NEWS

Kenya constitution will not be change

Court of Appeal declare BBI unconstitutional

21-08-2021 by redazione

Uhuru Kenyatta and Raila Odinga's proposal to reach a national referendum to change some articles of the Constitution of Kenya, especially those relating to the figures of the President of the Republic and his deputies and the President of the Council, splitting the two powers, has been definitively rejected by the Court of Appeal of Nairobi.
The so-called BBI initiative has therefore failed, and with it the possibility that the current Head of State, Uhuru Kenyatta, after his second term in office, may still sit in some way at the top of the country, albeit in a different role from the one he has held until now.
The judges of the Court of Appeals have therefore upheld the ruling of the High Court, which in the first instance had declared unconstitutional the BBI (Building Bridges Initiative) because it was not a movement that came from the people, as when a referendum route is taken, but directly from the President, with an obvious conflict of interest.
The judges Daniel Musinga, Roselyn Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale and Francis Tuiyott have established and confirmed that Kenyatta's initiative, to which also the former opposition leader Raila Odinga had adhered, with the idea of being elected President of the Council with the approval of Kenyatta himself, who would serve as President of the Republic, risked subverting the basic doctrine of the Constitution of Kenya, already amended in 2010.
"The BBI steering committee had no constitutional mandate under Article 257 of the Constitution. This was a move initiated by the political elite, not by the people of Kenya," ruled Justice Musinga, who headed the seven-man law pool.
"The amendment of a country's constitution should be a sacrosanct endeavor within the laws of that country," Musinga continued, "I find that the amendment was not done by popular initiative and in accordance with the national principles and values enumerated in Article 10.
The president of the Court of Appeals added that any amendment that fundamentally alters the constitution is not a normal constitutional amendment but would lead to the dismemberment of the constitution.
The presidential candidate Raila Odinga had already stated, last Thursday, that in case of confirmation of the ruling of unconstitutionality of the BBI would not appeal to the Supreme Court. According to Odinga it will be possible to return to ask for a referendum, restarting the BBI process in a constitutional manner, after the elections of August 2022.
So now the scenarios that we have already outlined in previous articles on the issue are opening up: the candidates for the Presidency of Kenya, in addition to Odinga, will be the current Vice-President William Ruto and probably one of the senators belonging to the OKA coalition, which includes Gideon Moi, son of former President Daniel Arap Moi.

 

TAGS: politica kenyareferendum kenyapresidente kenyaelezioni kenya

It's official, also the Supreme Court of Kenya has rejected the main requests of the so-called popular...

READ THE ARTICLE

On June 12, 2022 the Italians will vote on five popular referendums that particularly...

READ THE ARTICLE

POLITICS

by Freddie del Curatolo

Conference in Nairobi on Constitutional Referendum organized in collaboration with No Gags for Journalism Studies Center.
They will participate in the constitutional Lorenzo Spadaccini, a professor at the University of Brescia, the economics professor Giovanni La Torre and Senator of...

READ ALL

Kenya is heading towards a constitutional referendum to change 58 articles of its laws, 10...

READ ALL THE ARTICLE

Today, Friday, August 20, is a very important day for Kenyan politics, just under a year from...

READ THE ARTICLE

Kenya greets its second President of the Republic after the Father of the Fatherland ...

READ ALL THE ARTICLE

It is official, after the old, historic leader of the former opposition and serial loser Raila Odinga now allied with...

READ ALL THE ARTICLE

Uhuru Kenyatta would be confirmed President of the Republic of Kenya.
This says the most recent survey of the specialized agency IPSOS, which reports the leader of the government party to...

READ ALL THE REVIEW

William Ruto was one of the many young boys in northern Kenya who walked miles...

READ THE ARTICLE

From this year also those who spend most of the year in Kenya but is not a resident member of the Italian Citizens Residing Abroad (AIRE) may vote at the upcoming Constitutional Referendum Italian from his vacation spot, provided that...

READ ALL

by redazione

"'The time is ripe for a constitutional referendum'.
These words resounded...

READ ALL THE ARTICLE

by redazione