Moments after the Supreme Court declared the Constitution of Kenya (Amendment) Bill, 2020 unconstitutional, Tharaka Nithi Governor Muthomi Njuki on Thursday came out in its defense, welcoming the fall of the bill he once supported and has now suffered a death blow.
Addressing residents at Gitogoto Pry School, Governor Njuki acknowledged that he had indeed been trapped into supporting BBI by the state, in a bid to popularize and drum support for constitutional changes in the country.
“The handshake between President Uhuru and Raila Odinga took us by surprise. It gave birth to BBI, which every leader in Tharaka Nithi County opposed but I held on because the President asked me to. I supported it against my wish to protect the interests of the government back then” - Governor Muthomi Njuki
Deputy President William Ruto and the Kenya Kwanza brigade embraced the ruling, taking pleasure in the court’s decision to pronounce the bill unconstitutional saying President Uhuru and Raila Odinga owe Kenyans an apology.
“We want those who were pushing the BBI agenda to seek an apology from Kenyans for wasting their 4 years and using government resources on an unconstitutional process” – DP William Ruto
On the other hand, Azimio la Umoja flag bearer Raila Odinga welcomed the court’s decision, but noted that it only faulted the involvement of the state in the process.
“I note that the BBI process has been upheld. What has been faulted is the role that the state is said to have played at the commencement of the popular initiative” -Raila Odinga
The Supreme Court judges unanimously ruled that the creation of 70 constituencies by the BBI Bill was unconstitutional for lack of public participation and that civil proceedings cannot be initiated against a sitting President.
Six of the seven judges ruled that the President cannot lead a popular initiative to amend the constitution, with Chief Justice Martha Koome endorsing the findings of the two superior courts that the President ought not to be a player and an umpire in the amendment process.
At the High Court, the petition had earlier been declared unconstitutional, null and void before making its way to the Court of Appeal where it was declared illegal.
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