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Attack on judges over BBI ruling unjustified

Going for individual judges' character and other unrelated issues is uncouth and petty.

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by FRANCIS OPENDA

Opinion17 May 2021 - 01:00
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In Summary


  • • The BBI ruling elicited mixed reactions, with those against BBI celebrating, while pro-BBI proponents were left disappointed.
  • • There must be winners and losers in judgments, but it saddens when losers turn on the judges and start hurling abuses and casting aspersions.
High Court

The High Court on Thursday annulled the BBI process in a historic ruling that halted the push for the constitutional change.

A five-judge bench cited 21 reasons why the Building Bridges Initiative is illegal, unconstitutional, null and void.

Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresa Matheka and Chacha Mwita ruled that the  BBI Steering Committee is not people-driven and could therefore not initiate a popular initiative.

Their verdict was that President Uhuru Kenyatta has failed to respect, uphold and safeguard the Constitution.

The ruling elicited mixed reactions, with those against BBI celebrating, while pro-BBI proponents were left disappointed.

There must be winners and losers in judgments, but it saddens when losers turn on the judges and start hurling abuses and casting aspersions.

Critiquing a ruling and poking holes in it based on legal arguments is justified. However, going for individual judges' character and other unrelated issues is uncouth and petty.

The judges are are now being branded UDA, Ruto and civil society sympathisers, while others are being accused of hitting back at the President for sitting on their appointments.

The same scenario was witnessed in 2017 after the Supreme Court nullified the presidential election.

Then Chief Justice David Maraga and those who ruled against the poll were branded names, and threatened with a promise of "revisiting".

Let us respect court rulings and use the available appeal channels. A strong, independent and vibrant Judiciary is good for Kenya.

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