I have been following with keen vested interest the legal and political storm raised by the High Court in the consolidated BBI rulings.
The question has been whether it is judicial vengeance and punishment against President Uhuru Kenyatta for his perceived transgressions against the Judiciary, or whether it is a cause celebre in the independence of the Judiciary, the rule of law, and judicial activism.
Put simply, are we judicialising a political process or are we politicising a judicial process?
As an Advocate of the High Court, I must say that I am impressed by the legal analysis and quality of the rulings especially on the procedural flaws identified therein.
On this narrow procedural terrain, I agree with the High Court.
But the law does not operate in a vacuum.
It should be a lever for moving our society forward.
It should no longer be a matter of commas and paragraphs. The High Court lost focus on the BBI’s big picture. We need to address our perennial cycles of electoral violence which has made democracy in Kenya a primitive, dangerous game.
We need to enhance inclusiveness and uplift the poor struggling Kenyans. We need the 35% promised by BBI to the Counties. We need to implement the two-thirds gender rule.
The judges are also our brothers and our sisters. They live in this Country.
Even as we celebrate them for their wisdom in legal technicalities, we expect them to be progressive and give judicial solutions to these contradictions.
It is my hope and prayer that as we go on appeal, the Court of Appeal will rise above narrow legal and procedural cobwebs, and consider BBI in its bro
ad canvas, in a jurisprudence to advance the fundamental interests of Kenyans.
Kiraitu Murungi is an Advocate of the High Court of Kenya and the Governor of Meru.
King Mswati says
The old guards should leave Kenyans alone.
Ask him, what has he found wrong with the current constitution?
Or simply what has he found good with the bbi except expanding the executive?
Anonymous says
Your first question is in order but the second one is is a leading question that demands an answer that favors your leaninf.
Anonymous says
BBI was giving politicians a wider base to eat. They cannot sincerely claim more funds to couties was beneficial to wanjiku but them. Remember Githungu our time to eat.
Anonymous says
“We need to address our perennial cycles of electoral violence which has made democracy in Kenya a primitive, dangerous game” Mr. Kiraitu why address the problem by going round it. Who does not know that the incumbent president has an upper hand on IEBC and the security apparatus. He enjoys a monopoly of sending goons to opposition strong holds to clobber baby pendo and other innocent people. In short any person voting contrary to his wish is an enemy. Simple mathematics of addition becomes a major problem that it has to be tallied at the IEBC HQ. Electronic transmission gadgets have to break down so that satanic fingers has to be brought on board. In short there are some communities in Kenya that do not deserve to be near the centre of power. Also nearing elections we loose key prominent people. In 2013 we lost professor Saito/Ojode then in 2017 we lost Musando. Till now it can be concluded that their demise was election related. It can be concluded that BBI is a product of the greedy lot who have been milking the country since independence hence they want to have more constituents and hence more resources at the expence of other areas. In short what we are missing are just electoral laws to govern the whole process. During the repeat of 2017 some jubilee MPs rushed to make childish laws to favor them. Now that we have tangatanga and kieleweke can they do the same? Greediness aside, we need just laws that will ensure fairness in an election.
BBI supporter says
Well written doc
Anonymous says
Ok
Anonymous says
Because BBI is favouring andu a nyumba. Otherwise it is a sure way of tearing down the 2010 constitution.
Anonymous says
ATWOLI SAID IT ALL “UHURU IS TOO YOUNG TO RETIRE” THIS MAN MUST BE SALIVATING TO BE A POWERFUL PM AND RAILA A CEREMONIAL PRESIDENT. OOH RAILA, YOU ARE CHASING A ROTTEN BONE.