Raila Reacts to High Court Ruling on BBI Process

ODM leader Raila Odinga has spoken out following Thursday’s High Court ruling that nullified the entire Building Bridges Initiative (BBI) referendum process.

Odinga in a statement on Saturday expressed his disappointment with the decision, saying they would appeal the verdict at the Appeals Court.

“We will calmly and respectfully move to the Court of Appeal to present our case as to why we think the High Court did not render the right verdict,” reads the statement.
 
Odinga added: “I want to urge that we restrain from personalized attacks on the court and its members. We may disagree with the court but we must respect its ruling and its freedom to exercise its judgment as it understands the legal and constitutional matters before it.”

A five-judge bench comprising Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka, and Chacha Mwita ruled that President Kenyatta violated the Constitution by initiating the referendum process.

“The constitutional amendment Bill is an initiative of the president and the law is clear that the president does not have the constitutional mandate to initiate any constitutional changes,” the judges said in a unanimous ruling.

They added: “BBI is a hybrid initiative unknown to the constitution, therefore it is our finding that the popular initiative as means to amend the constitution under article 257 of the constitution is a power reserved for Wanjiku. Neither the president nor any state organ can utilize article 257 of the constitution to amend the constitution.”

The judges further faulted the decisions made by the Independent Electoral and Boundaries Commission (IEBC), including verifying BBI signatures, saying the electoral body was not properly constituted as it lacked the requisite quorum of five commissioners to make any major policy decision.

“An injunction is hereby issued barring IEBC from undertaking any processes with regards to the amendment of the constitution,” the judges said.