Raila on BBI verdict: We live to fight another day

Azimio la Umoja presidential candidate Raila Odinga says he will direct his energy on winning the presidency after the Supreme Court of Kenya put a stop to the push to change the constitution through the Building Bridges Initiative (BBI).

Raila and President Uhuru Kenyatta, Attorney-General Kihara Kariuki and the IEBC had filed an appeal at the apex court after the Court of Appeal threw out the BBI push.

On Thursday, March 31, a seven-bench judge further dealt a blow to the proponents of the BBI after it ruled that the quest to change the Kenyan Constitution was not procedural.

While reacting to the ruling, Raila, who is also the Azimio La Umoja presidential candidate in the forthcoming August 9th election, hinted the process might be revived in later days, noting that of importance, for now, is to win the next election.

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“We will not stop deliberations on the way forward that will decide on a future course of action that protects the interests of all those who voted to see the amendments come to light. For now, we have an election to WIN!” Raila said in a tweet.

The ruling elicited mixed reactions from a section of senior politicians and lawyers.

Amani National Congress (ANC) party leader Musalia Mudavadi welcomed the decision by the apex court, saying the judgement has restored faith in the Judiciary.

“I congratulate the Supreme Court judges for their bold decision, which essentially puts a stop to the BBI reggae. Kenya is indeed fortunate to have a strong and independent Judiciary to which the people can always turn to when those in power become outrageously impertinent,” Mudavadi said in a tweet.

Wiper Party leader Kalonzo Musyoka, in a brief tweet, said: “We respect the Supreme Court of Kenya.”

Kikuyu Member of Parliament Kimani Ichung’wah said: “Unconstitutional, null and void. With all the resources, energy, bravado and impunity exhibited by the BBI brothers? Truly earth is hard."

Former Law Society of Kenya (LSK) president Nelson Havi welcomed the decision, saying: “It matters not that the Supreme Court has held that the basic structure doctrine is inapplicable in Kenya. In the end, all that matters is the pronouncement: ‘It is null and void’.”

Another lawyer, Steve Ogolla, said: “Ultimately, the BBI Bill fails not because the Constitution has a basic structure, but because the popular initiative was initiated by the president, and for want of public participation.”

Donald Kipkorir, a lawyer said: “BBI Constitution fails on only one ground: [it was] initiated by the president… It, therefore, means that between now and August, fresh promoters can dust up the Bill, remove the part relating to constituencies only and run with it successfully on all the other proposals.”

Prof. Makau Mutua said: “The Supreme Court has spoken.