Political and Civil Society groups opposed to the Constitution of Kenya Amendment Bill 2020 have welcomed a decision by five High Court judges who ruled that the process leading to its adoption was unconstitutional.
Deputy President William Ruto, the Law Society of Kenya and Linda Katiba Initiative, reiterating that the Milimani Court had affirmed the country’s constitutionalism.
Through their social media pages, the groups welcomed the ruling.
Even though he did not directly refer to the BBI Bill in his message, Ruto appeared to express gratification and joy over events of the day as soon as the ruling was delivered Thursday evening.
“There is God in heaven who loves Kenya immeasurably. May God’s name be praised forever.” The DP wrote on his Twitter page.
This was quickly followed by rejoinders from his political allies, who openly cheered the ruling delivered by the five judges.
DP’s political allies and fiercest defenders led by Elgeyo Marakwet Senator Kipchumba Murkomen noted that the ruling was a victory to those opposed to the process.
“When the history of Kenya is properly written, the contribution of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita, and Teresia Matheka will be written in golden letters. They are part of the few remaining Kenyan prophets who have not bowed down to Baal. God bless you,” said Elgeyo Marakwet Senator Kipchumba Murkomen.
“Fidelity, rule of law, justice served & Constitutionalism.” His Nandi counterpart Samson Cherargei said.
Nominated Senator Millicent Omanga was quick to point out that having vehemently opposed the BBI, she was very “Proud to be on the right side of history.”
Ruto’s platoon was not alone in celebration. The Linda Katiba Initiative maintained its claim that the BBI process has been a subversion of the people’s sovereignty bestowed on them by the Constitution.
“Today’s ruling is a great affirmation to constitutionalism and the rule of law #BBIJudgement #LindaKatiba.” Narc Kenya leader Martha Karua, one of the conveners of the initiative said after the ruling.
While welcoming the decision by the judges, Law Society of Kenya President Nelson Havi said the High Court Petition E282 of 2020 and consolidated petitions had raised fundamental issues with far-reaching implications to the country.
Havi insisted that the process was full of flaws, especially considering that the electoral body IEBC was central to it, yet in his opinion, the commission lacked the statutory quorum of 5 members to be able to superintend any exercise relating to it, including a referendum.
“It is, therefore, unlawfully constituted. It did not have the capacity to verify the supporting signatures for the BBI Bill. The decisions made on the Bill were invalid, null and void for want of quorum,” said Havi.