Justice Isaac Lenaola has sharply disagreed with chief justice Martha Koome that president Uhuru Kenyatta initiated the Building Bridges Initiative.
According to Justice Lenaola, the president is now allowed to initiate a popular initiative save for this case where president Uhuru did not take part.
“The president cannot initiate popular initiative but in this particular issue, he didn’t.”
This judgment was contrary to that of chief justice Martha Koome who argued that president Uhuru Kenyatta is the one who initiated the Building Bridges Initiative which made the process null and void.
At the same time, justice William Ouko also argued earlier that popular initiatives can only be carried by the ordinary people. In his view, the argument that Junet Mohamed and Denis waweru were the promoters was null and void.
“There is some evidence of state involvement in the BBI process. The president commenced and spearheaded the process and only passed the baton to the two co-chairs very late in the day, he cannot act as an ordinary citizen.” He ruled as he termed the entire process was “irredeemably flawed.”
Interestingly, even Justice Ndung’u agreed with earlier pronouncements by Justice Isaac Lenaola that the popular initiative was begun by Junet Mohamed as opposed to president Uhuru.
With regards to the basic structure, judge Ouko also agreed with CJ Koome’s finding that the basic structure does not apply to the Constitution of Kenya.
“In interpreting the Constitution, courts must give directives and not leave more questions than answers, thus they should ensure their rulings are unambiguous – not open to more than one interpretation,” the judge said
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