A renowned Kenyan lawyer from Kilifi county has hailed the judiciary for nullifying the Building the Bridges Bill process saying it has brought justice to the people. – By Ramadhan Kambi.
George Kithi who is eyeing for the senatorial seat in Kilifi county said the ruling was in line with the constitution which clearly states that the president has no powers to influence the amendment process.
Speaking after giving out football kits to teams in Tezo area of Kilifi county the lawyer said from the beginning as legal experts and members of the law society of Kenya they have been opposing the BBI because the constitutional process was not followed.
“We opposed it because issues of constitutional amendment have two ways which includes people driven process or parliamentary driven process,” he said.
In government he said there are three arms of government composing of the executive that consist of the presidency, the judiciary and the legislative arm which is parliament that is mandated to constitute the laws.
He said parliament has powers to make constitutional amendments but the president has no powers whatsoever to institute any changes in the constitution because he is conflicted.
Kithi said the constitutional amendment process was wrong because it started on a wrong foot due to the handshake between president Uhuru Kenyatta and former Prime Minister Raila Odinga.
“They came up with the process so that what they agreed secretly to come out in public through the BBI, therefore BBI was initiated by the executive that is the presidency while as per the constitution the president has no powers to come u with laws or make amendments,” he said.
The legal expert said as per article one of the constitutions the amendment can be done through a people driven process who may come up with a proposal for a referendum or indirect democracy through the elected leaders representing the people in parliament.
He said the judiciary did the right thing because what they have been agitating against the BBI has now been cleared.
Kithi said the so far there will be no referendum and urged the president to either go back to the people and engage them through public participation or go through parliament if he wishes to come up with any constitutional changes.
“There will be no constitutional changes because those who came up with the process had no mandate, if they want those powers they need to go and engage the people or parliament,” he said.