Mt Kenya leaders castigate 5-judge bench for ruling against BBI

 

Cabinet Secretaries, governors and MPs, mainly from the Mt Kenya region,  Saturday joined ANC party leader Musalia Mudavadi in dismissing the court ruling that stopped the BBI process.

They expressed confidence that the constitutional amendment initiative will run to its conclusion.

Health CS Mutahi Kagwe described the judgment as just a temporary setback and assured Kenyans that they will get the constitutional amendments that they deserve. He told Kenyans not to worry and wait for the appeal as they continue to spread the virtues in the document.

"For me, I have no doubt in my mind whatsoever that by this time next year or by the end of this year, we will have an amended constitution,” he said.

Mudavadi said the ruling does not spell doom to the BBI process, adding that it can still be salvaged through a legal or parliamentary process. He said BBI proponents can appeal against the judgment to have it overturned.

"But my word is a word of caution that time is not on our side. There are constitutional deadlines which also have to be observed and the process in court will have its own life,” he said.

Mudavadi said if the case is pushed to the Supreme Court, it may take longer for Kenyans to realise the constitutional changes. He suggested that Parliament use the Inter-parties Parliamentary Group approach to achieve some amendments and meet some constitutional guidelines.

Going by the massive support the Bill enjoyed in Parliament, it is possible for MPs to agree on some issues that need fast-tracking through a parliamentary initiative to ensure all is not lost if the court process takes longer to be concluded, he said.

"Let us look for the silver lining. Let us not be discouraged. Let's soldier on because the content of the BBI definitely had very good things,” he said.

Agriculture CS Peter Munya said the ruling had another motivation beyond the law and the judges seemed to have been reading a judgment written somewhere else.

The judges acted like politicians, he said, adding it was wrong for them to go personal and attack the President in person.

Munya said the bench went overboard, lost judicial restraint and seemed to have had a vendetta against the institution and the person of the President.

“Some of them seem to have scores to settle. Now if you are looking for a job and you have not gotten it, you need to restrain yourself but do not use the position you are occupying to settle scores,” he said.

Munya urged the courts to respect the legislature and the executive and stop usurping their duties as by so doing, they would be courting trouble and might cause instability in the country.

He said the ruling that the president cannot exercise his rights like other citizens was bizarre. Munya said no provision in the Constitution says the President is not a citizen, noting that the first requirement for someone to run for the position is that he or she must be a Kenyan citizen.

His ICT counterpart Joe Mucheru said the will of the people must prevail. He criticised those who celebrated the ruling.

Devolution CS Eugene Wamalwa called on Kenyans to be calm as the ruling is appealed.

“The process of appeal is very clear, the grounds are there and I have no doubt that the option is open. We also have the parliamentary option,” he said.

He said the five million signatures by Kenyans cannot go to waste and said the judgment should be appealed instead of people wasting time attacking the judges.

Denis Waweru, one of the promoters of the constitutional review, said they will appeal against the ruling this week. He assured Kenyans that they have strong grounds to challenge it, are prepared, and have a good team to do it.

The leaders were speaking at Kieni MP Kanini Kega’s home in Nyeri on Saturday.

Tharaka Nithi Governor Muthomi Njuki said the BBI has just hit a bump but will continue and that supporters of the process are focused and will support it until it goes through.

Governors Anne Waiguru (Kirinyaga) and Mutahi Kahiga (Nyeri) said the ruling was flawed. Others present were Nyeri deputy governor Caroline Karugu, Nairobi acting governor Anne Kananu and MPs.    BY THE STAR