Written by on June 7, 2021

Seven judges set to help in the settle over a petition made against a latest high court decision on the building bridges  president Daniel Musinga, who already met with lawyers on Wednesday last week to give directions on the appeal together with justices Roselyn Nambuye and Anne Okwengu.

Lawyers concurred with the court rather than hearing applications, the pertinent appeal should be listened in its full extent. Senior Counsel James Orengo who is representing the ODM leader Raila Odinga and BBI, stated that the appeal they have filed is extremely urgent and must be resolved as soon as possible.

Top player leaders along with the president Uhuru Kenyatta and Mr. Odinga are hoping that the appeal   court will take action and prevent the Supreme Court ruling that halted the push to rewrite the law from going into effect. When he instituted and endorsed  a legislative amendment, the president functioned in excess of his power and authority and violated the constitution, particularly chapter six, according to the high court, a group of lawyers has cautioned that this discovery could be used as an impeachment strategy on him.

In a nearly four- hour ruling, the five –judge bench declared the 14 member BBI joint fast force and steering committee, run by former Garrisa  senator Yusuf Haji , to be an unauthorized unit. The panel headed by Justice Joel Ngugi stated that the president made a crucial constitutional defect by trying to amend the law via a popular initiative which is not an option for him. The judges decided that he’d have utilized parliamentary initiative by urging the national parliament via the attorney general to take into account the preferred legislative changes. They portrayed the BBI process as a presidential action plan disguised as a popular initiative and allowing it happen sums to word the president as serving as publicists and arbitrator of his own proposal.

The head of state cannot be both an originator and an arbitrator in constitutional convention. The court ruled, adding that the BBI was tainted by a potential conflict of interest. BBI   followers would then look to the appeal court to save the strategy spawned by the handshake such that the initiative and services rendered are not a waste.   

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