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Should the Building Bridges Initiative (BBI) appeal, filed by Attorney General Kihara Kariuki and two others, get the nod of the Supreme Court, all eyes will be on Narc Kenya leader Martha Karua.
The apex court is set to deliver its verdict tomorrow.
Ms Karua had opposed BBI, but is now in the Azimio la Umoja coalition whose leaders back the constitutional review initiative.
Before joining Azimio, led by President Uhuru Kenyatta and ODM leader Raila Odinga, Ms Karua was the de facto leader of the No campaign through Linda katiba lobby where she described the referendum Bill as fraudulent.
She said her aim was to stop the state from mutilating the 2010 Constitution and fought the Bill in court.
Karua claimed the 2010 Constitution had been cannibalised and called for its full implementation before any amendments could be proposed.
“With humility and without hesitation, I am willing and set to lead the ‘No’ campaigns. We are calling on Kenyans to resist this illegitimate, illegal and ill-timed constitutional amendment,” Karua said then.
She added, “Our current leadership has failed to implement the Constitution. The problem is not the Constitution but lack of implementation and the spirit of constitutionalism.”
She was among activists who planned to stop President Kenyatta and Mr Odinga from amending the Constitution, which involved legal battles and street protests.
However, the harsh critic of BBI, could be softening after joining hands with the ODM leader.
Last week, Karua declared her support for Mr Odinga for the presidency.
Addressing the media yesterday at Narc-Kenya headquarters in Nairobi, Ms Karua hinted at ongoing talks with Mr Kenyatta and Mr Odinga on how to tackle sections of the BBI that she feels have issues.
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“Let us not reduce Azimio to one issue. We are sitting down to see how to proceed, watch this space,” she said.
Ms Karua previously rejected the proposed amendments, saying they were a mere political tool to keep certain individuals at bay. She also argued that the Bill would reverse power from Kenyans, unlike the 2010 Constitution that gives citizens more say.
Defending her decision to join Azimio coalition, she said she is unapologetic about the move, arguing that “Azimio is bigger than BBI.’’
“Coalitions are not made because people see eye-to-eye 100 per cent but when you enter into a coalition you thrash out the sticky points and agree, hence you find a level ground on how to proceed,” she said.
She said she was attracted by Mr Odinga’s ideals.
She defended Raila’s ten-point agenda, saying he has the will of the people and will enact what the Constitution requires of him.
“If you look at Baba’s (Mr Odinga’s) ten-point plan one of the key things that attracts me is the pledge for full implementation of Article 43 of the Constitution,” she said.
The article states that every person has the right to healthcare, adequate housing, and reasonable standards of sanitation, freedom from hunger, and access to clean and safe water.
The High Court and Court of Appeal shot down the push to amend the Constitution, describing the Bill as null and void.
“We are telling our members that we are ready, able and willing to campaign for our presidential candidate. If you want to be the president, start by respecting the one that is ruling now so that it will be reciprocated during your time,” the Narc Kenya leader added.