Nairobi — The Court of Appeal will on Friday issue a ruling on the fate of the Constitution Amendment Bill 2020 popularly known as the Building Bridges Initiative (BBI).
The seven-judge bench chaired by Justice Daniel Musinga is expected to either uphold the High Court ruling that halted the Constitutional amendment reforms in the country or invalidate it all together, giving the green light for Kenyans to head into a referendum.
Musinga will issue the ruling alongside colleagues, Justices Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuyyoit.
In the event the bench validates the High Court ruling, the proponents of the process are likely to proceed to the Supreme Court in search of a favorable ruling.
Former Prime Minister Raila Odinga, who is among the proponents of the initiative, has since noted that he will respect the verdict that will be issued by the court.
Odinga alongside President Uhuru Kenyatta, the BBI Secretariat and the Independent Electoral and Boundaries Commission (IEBC) filed an appeal following a judgment by the constitutional court that declared the process null and void.
Justices Joel Ngugi, George Odunga, Jarius Ngaah, Chacha Mwita, and Teresiah Matheka in their ruling found President Uhuru Kenyatta to have violated the Constitution, particularly Chapter 6, when he initiated the process following his handshake with former Prime minister Raila Odinga.
In his application filed by lawyer Waweru Gatonye, the president however argued that the five-judge bench erred by determining the case without ensuring personal service had been effected upon him.
He also faulted the judges for failing to determine whether he can be sued in his personal capacity and not as the President of Kenya.
Odinga has, however, exuded confidence that the Appeals court will “uphold the will of the people.”
“Our lawyers made strong and solid submissions and I have faith that the Judges will do the right thing. They are well experienced and I have confidence that they will allow the BBI reggae to go on,” he said.
While the timeliness factor on amending the Constitution has been cited as an impediment itself notwithstanding the verdict of the Court of Appeal, Odinga has maintained that there is sufficient time for the BBI document to be subjected to a referendum.
The reforms had been approved by parliament on May 11, 2020, and were to be put to a referendum, before they were declared illegal by the high court two days later.
Critics charge that the proposals seek to create a prime ministerial post for Kenyatta, who is not allowed to seek a third term as president in 2022 as per the current Constitution.
His deputy William Ruto — who many tipped to succeed Kenyatta in 2022 — opposes the reforms and has been sidelined with the president who has forged a political relationship with Odinga.
“There is GOD in heaven who loves Kenya immeasurably. May GOD’S name be PRAISED forever,” he said while welcoming the nullification of the BBI ruling.
Some have argued that adopting the reforms would burden a country already struggling with debt with new sky-high bills — and create more opportunities for patronage and corruption.
If adopted, the BBI would also create 70 new parliamentary constituencies and an official office of the opposition leader in parliament.
The BBI process seeks to have the president remain head of government and commander-in-chief, while ministers would answer to a Prime Minister.
The ruling comes at a time the country is witnessing heightened political activities ahead of the 2022 General Election which is less than a year away.