Why I Was Pleased With CJ Koome's Ruling - Raila Responds

An image of ODM leader Raila Odinga and President Uhuru Kenyatta at the Azimio NDC on March 12, 2022.
ODM leader Raila Odinga and President Uhuru Kenyatta at the Azimio NDC on March 12, 2022.
PSCU

Former Prime Minister Raila Odinga has expressed his satisfaction with the Supreme Court ruling on the Building Bridges Initiative (BBI) appeal.

In a statement dated Thursday, March 31, the ODM boss particularly stated that he was impressed with the verdict delivered by Chief Justice Martha Koome. 

He noted that despite the apex court ruling that the BBI was unconstitutional, it upheld its contents and process and ruled that there was sufficient public participation prior to the case being filed. 

Chief Justice Martha  Koome reading her ruling on the BBI Appeal at the Supreme Court on March 31, 2022.
Chief Justice Martha Koome reading her ruling on the BBI Appeal at the Supreme Court on March 31, 2022.
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Judiciary

"I note that the BBI process has been upheld. I also note that the contents of the bill itself were upheld save for the provisions of the 2nd Schedule. What has been faulted is the role that the State is said to have played at the commencement of the popular initiative.

"The verdict is empathetic that every state organ must always subject itself to the people of Kenya and must never usurp their sovereignty by substituting their will with that of state officers and state organs," read the statement in part.

Raila added that the ruling was a demonstration of the Judiciary's independence adding that more needed to be done to protect the independence of the Judiciary.

"It is time the country has a conversation regarding the separation of powers between the Executive, the Legislature, and the Judiciary and the roles of Checks and Balances of each arm of Government.

"This will enhance governance in our constitutional order without jeopardizing the obligation of each arm to deliver to the people of the Republic of Kenya," read the statement in part.

The ODM boss also indicated that they would continue with their discussions within their camp and give a way forward stating that many Kenyans supported the proposed constitutional changes.

"We shall deliberate on the way forward and decide on a future course of action that protects the interests of all those who voted to see the amendments come to light," read the statement in part.

In her ruling, the CJ upheld the lower court's verdict on the participation of President Uhuru Kenyatta in the process. Koome stated that the sitting Head of State could not initiate constitutional reforms through the popular initiative.

Uhuru is yet to issue a statement in response to the Supreme Court ruling.

Supreme Court judges, from left: Justices Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (CJ), Ibrahim Mohammed, Njoki Ndungu and William Ouko outside the apex court premises on Thursday, March 31, 2022
Supreme Court judges, from left: Justices Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (CJ), Ibrahim Mohammed, Njoki Ndungu and William Ouko outside the apex court premises.
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Judiciary