- The Orange Democratic Movement (ODM) party leader Raila Odinga welcomed the Court of Appeal decision to uphold the anti-BBI ruling by the High Court
- Raila said his team will not pursue a further appeal at the Supreme Court following the verdict by a seven-judge bench
- Two days before the ruling, the former premier had stated he would not appeal, saying his focus would be on the upcoming General Election
The ODM party leader Raila Odinga has welcomed the Friday, August 20, decision by the Court of Appeal upholding the High Court ruling that declared the Building Bridges Initiative (BBI) unconstitutional.
In an official statement sent via Twitter on Friday evening, Raila acknowledged the appellate court and its awaited decision on the bill, adding it would set a precedent for constitutionalism and an ace political culture going forward.
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"The decision of the Court of Appeal is remarkable as it forms part of the continuing conversation on the future of this country and the significance of our new Constitution to the political culture we and the generations that will come after us will practice," he said.Do you have a groundbreaking story you would like us to publish? Please reach us through news@tuko.co.ke or WhatsApp: 0732482690.
Whilst he was not in favour with the decision by the appellate court, Raila was hopeful that the content borne in the document would be pursued via a different approach in the future.
While other parties might be interested in appealing the ruling, the ODM leader said he would not take part in any further appeal.
He said he would now embark on pursuing bigger goals for the country alongside the quest for a united nation.
"It is likely that this is not the end of the conversation and the parties involved will each make their own decisions on how to proceed from the decision that has been delivered today. That is welcome, as the issues involved need to be deliberated upon to the fullest extent," he said.
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"For us, as we have stated before, we shall engage only to the extent that circumstances will require. But we feel that we have to move on...We shall pursue the bigger goal of setting the rest of the issues facing this country right. BBI was never a destination but a journey in an ever evolving way of life," added the former premier.Court of Appeal's decision
On Friday, August 20, the seven-judge Court of Appeal bench handed the promoters a blow that could potentially stop the sounds and drumbeats of BBI reggae.
The voluminous judgment did not only carry far-reaching political and legal implications but also exposed President Uhuru Kenyatta and his role in the amendment of the 2010 Constitution.
The Court of Appeal president Daniel Musinga and Justice Patrick Kiage in their lengthy submissions agreed with the bench that the president's role is limited to protecting and defending the Constitution.
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"Under our constitutional architecture, the president cannot initiate the process of amendment of the constitution as a popular initiative. His intentions were noble but the execution was not in line with the constitution," Musinga ruled.On his part, Kiage argued that although the president enjoys certain powers as provided for in the constitution, he does not shoulder any obligation to initiate constitutional changes.
"His duty is to obey and defend it in keeping with the oath of allegiance.....The spirit of the constitution must preside and permeate the process of judicial interpretation and judicial discretion," he stated.Source: TUKO.co.ke
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