Lawyer Waiganjo warns President Uhuru against punishing the five High Court Judges who ruled BBI Bill unconstitutional

Lawyer Kamotho Waiganjo has warned President Uhuru Kenyatta against retaliating on the 5-judge bench that declared Building Bridges Initiative (BBI) Bill unconstitutional.

In his statement, Kamotho Waiganjo argued that the Head of State may be tempted to punish the Judiciary with a view to taming them after the High Court Judges specifically profiled him while ruling on the BBI case. 

“The temptation by the Executive will be to apply the methods it has previously used to try to tame the Judiciary. This includes reducing the Judiciary’s budgetary allocation and refusal to obey court orders considered unreasonable. 

“Another way was ensuring that the Executive had a substantial say in the judges who were appointed into the Judiciary (Uhuru rejected to appoint 41 judges during emeritus Chief Justice David Maraga’s tenure),” Waiganjo wrote in the Standard column on Saturday, May 15, 2021. 

Waiganjo also warned that the decisions by the Executive to retaliate against the five Judges would not only hurt the Judiciary but also Kenyans as a whole. 

“It is Kenyans who suffer as they wait longer for review of cases. When the government refuses to obey court orders, it signals to the people that court orders are optional,” Waiganjo noted. 

He further stated that he concurred with the judgement even though the judges misdirected themselves on a variety of issues. 

“The ruling was a well-reasoned and monumental jurisprudential piece that shall be studied in many jurisdictions over the years,” Waiganjo stated. 

The 5-judge bench of Justices Teresia Matheka, Joel Ngugi, George Odunga, Jairus Ngaah, and Chacha Mwita declared the BBI as null and void. They argued that it had contravened the Constitution as a popular initiative cannot be initiated by the President. 

They also referred to the President in his personal capacity as Mr. Uhuru Kenyatta and ruled that he can be sued for disobeying the law.

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    Written by Kennedy Omondi




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