BBI JUDGEMENT

High Court judges let Kenyans down, says Kigumo MP Mwaniki

Says the BBI bill is a negotiated document aimed at bringing inclusivity and unity in the country

In Summary

• The MP lauded the decision by the BBI secretariat to appeal the ruling saying the BBI bill would bring progress.

• She asked the secretariat to inform Kenyans that the process has just experienced a hitch and has not been toppled.

Kigumo MP Wangari Mwaniki at Muthithi village in her constituency on Saturday.
Kigumo MP Wangari Mwaniki at Muthithi village in her constituency on Saturday.
Image: Alice Waithera

Kigumo MP Wangari Mwaniki has condemned the High Court ruling that termed the BBI process as unconstitutional.

Speaking at Muthithi area in her constituency on Saturday, Mwaniki said the  five-judge bench let Kenyans down in the ruling and that the decision should be appealed.

She said the BBI bill is a negotiated document aimed at bringing inclusivity and unity in the country by resolving the issues that previously caused animosity among communities.

“Each of the regions has its specific needs. In Central, we pushed for one man one vote one shilling because we felt our representation was too low with a dense population while other regions pushed for other issues that best suited them,” she said.

“I am saying without fear of contradiction that we need to appeal the ruling because to me, it was not fair at all. The President is a Kenyan, we elected him as a Kenyan,” the MP added.

On Thursday,  the High Court ruled that the President contravened the Constitution while initiating and promoting a law change process.

The judges also ruled that the steering committee on the Implementation of the Building Bridges Initiative taskforce to a united Kenya report is an unlawful entity that has no legal capacity to initiate any action towards promoting constitutional changes.

They further ruled that the entire BBI process culminating to the launch of the Constitution Amendment Bill, 2020 was done unconstitutionally and in usurpation of the people’s exercise of sovereign power.

President Kenyatta shook hands with ODM leader Raila Odinga on March 9, 2018 and later launched the BBI process to "united Kenya".

The BBI secretariat’s joint secretaries Junet Mohamed and Dennis Waweru on Friday announced that the would appeal the ruling early next week.

The two faulted the judges for making what they called personalised attacks against the President, saying the ruling was designed to thrust the country into a constitutional crisis.

Wangari said the two secretaries should act in haste and inform Kenyans that the BBI process has not been toppled and that the court’s ruling can be appealed.

“We have to have another set of judges look into the matter because we cannot do away with something that is bringing progress to our country,” the MP said.

“Let us all learn to prioritize our country. It is the same country for which our heroes laid their lives and we should take care to leave it in good hands and united,” Wangari said.

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