Uhuru's change of government structure stopped by Kenyan Court

NAIROBI, Kenya - A court in Kenya has stopped the constitutional amendment process, which was initiated by President Uhuru Kenyatta and his political nemesis Raila Odinga, dubbed Building Bridges Initiative [BBI], which would have seen drastic amendments to the supreme law. 

The process, which was initiated in 2018, had given birth to BBI Bill, which Kenyans were expected to vote for in a referendum. The bill, promoters say, is supposed to unite all Kenyans by fixing some of the thorny traditional issues, among others, lack of inclusivity in government.

But a five-bench on Thursday found President Uhuru Kenyatta had acted illegally by driving the initiative. The court made the lengthy ruling on Thursday, which is, however, subject to the appeal at the Appeals Court. 

The Bill, which the bicameral legislature has since approved, proposed reintroducing the role of prime minister and two deputies. Its other provisions included allocating a more significant share of the budget to the 47 counties and the appointment of an ombudsman to oversee the judiciary.

The entire process promoted by the BBI was “unconstitutional, null and void,” the five-member bench said in a judgment handed down on Thursday. It also declared the steering committee appointed by Kenyatta to implement the changes “an unlawful entity” and that the president violated the constitution.

The judgment is a significant setback for Kenyatta, who is due to step down in August next year and is unlikely to have sufficient time to revive the initiative should an appeal fail. The ruling could bolster Deputy President William Ruto’s political fortunes -- his supporters argued that the BBI aimed to derail his efforts to secure the top job, and he refused to support it openly.

Instituting the initiative will entail changes to the constitution that can only be effected after an informed and participatory process that wasn’t followed, the court said. It found that the BBI was the president’s initiative rather than the people’s and shouldn’t have promoted the constitutional amendments.

“Considering the illegitimate purpose for which the BBI steering committee was conceived, nothing legitimate can come out of that outfit,” the court ruled. “Whatever it may want to consider as its achievement, including the Constitution Amendment Bill, is of no legal consequence.”

The BBI’s critics argued that it would undermine the judiciary’s independence, sideline sparsely populated areas, and increase the size of the government at a time when the treasury is struggling to reduce costs and rein in the budget deficit.

The court’s ruling may be challenged in the Court of Appeal. Kenya’s solicitor-general, Kennedy Ogeto, told the court the government intends to file an appeal. The appeal might be filed as early as Monday; next week, this Friday is Eid-ul-Fitr in Kenya.

President Uhuru Kenyatta and opposition leader Raila Odinga are yet to comment on the latest development publicly. The two were optimistic that the process, which saw over 3 million Kenyans approve it, would fix some of the country's ills, especially during the electioneering period. 

Despite getting the people's approval, the courts also said the Independent  Electoral and Boundaries Commission, which verified the signatures, was not properly constituted. Should the ruling stand, it will have a raft of repercussions among them recalling of results of all by-elections that have taken place since 2017. 

GAROWE ONLINE