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Kenya Supreme Court don't change BBI judgment

No referendum before next national elections

01-04-2022 by redazione

It's official, also the Supreme Court of Kenya has rejected the main requests of the so-called popular initiative "Building Bridges" (BBI) carried out in the previous two years by the two national leaders Uhuru Kenyatta (current President) and Raila Odinga (leader of the opposition and presidential candidate in the upcoming elections with the approval of his former rival).
Supreme Court Justice Martha Koome has accepted only two of the seven questions raised by the two previous judicial branches asked (Court of Appeals and High Court), but little has changed in substance, except that the current head of state cannot be the victim of impeachment.
It should be remembered that the BBI was proposed as a constitutional reform, subject to popular referendum, to decide, among other things, to change the structure of the government top management, creating new positions that would allow Kenyatta to remain in a decision-making role even after the elections, despite the end of the second term of office that by law does not give the possibility to run for president again.
The Supreme Court effectively upheld previous judgments that BBI was an unconstitutional process because it was countersigned by the head of state himself, which is impossible for a popular initiative.
"Although he was not the initiator - Judge Koome ruled - he signed the program and this made BBI unconstitutional, due to an obvious conflict of interest. Kenyatta did not sign as a mere citizen, but as president".
As a practical matter, therefore, the next elections will be held regularly, as no popular referendum can be held previously. And Uhuru Kenyatta will not be able to have any role at the head of the Government, as he has exhausted his mandates.
The BBI could be discussed again once the new parliament has been elected, should it be re-approved as a real popular initiative.
So we go on with the electoral campaign, waiting for the strong candidate of majority and opposition, Raila Odinga, to appoint his vice-president and the challenger William Ruto to do the same.

TAGS: politica kenyaBBIgiudici kenya

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by Freddie del Curatolo