• About Us
  • Archives
  • SWG Registration
Samrack Media
Mahiga Homes
  • Home
  • ALL NEWS
  • Diaspora
  • Africa
    • AFRICA
    • KENYA
  • BUSINESS
    • BUSINESS
    • INVESTMENTS
    • REAL ESTATE
    • TECHNOLOGY
  • Politics
  • Health
    • HEALTH
    • EDUCATION
  • Religion
  • People
    • PEOPLE
    • LIFESTYLE
    • RELATIONSHIPS
  • Obituaries
  • Videos
  • Events
No Result
View All Result
  • Home
  • ALL NEWS
  • Diaspora
  • Africa
    • AFRICA
    • KENYA
  • BUSINESS
    • BUSINESS
    • INVESTMENTS
    • REAL ESTATE
    • TECHNOLOGY
  • Politics
  • Health
    • HEALTH
    • EDUCATION
  • Religion
  • People
    • PEOPLE
    • LIFESTYLE
    • RELATIONSHIPS
  • Obituaries
  • Videos
  • Events
No Result
View All Result
Samrack Media
No Result
View All Result

BBI ruling a sign of judicial independence in Kenya?

samrack by samrack
August 21, 2021
in Kenya, News
A A
0
BBI ruling a sign of judicial independence in Kenya?
Share this
FacebookXPinterestEmailWhatsAppLinkedIn

BBI ruling a sign of judicial independence in Kenya?

On May 23, 2021, a special five-judge bench sitting at the High Court of Kenya at Nairobi declared unanimously that the Constitution of Kenya (Amendment) Bill, 2020 was unconstitutional. The High Court’s judgment, argued journalist and commentator Ferdinand Omondi, “is arguably the most significant ruling by Kenyan courts since President Uhuru Kenyatta’s election win was nullified in 2017.”

John Mukum Mbaku
John Mukum Mbaku
Nonresident Senior Fellow – Global Economy and Development, Africa Growth Initiative

 

Notably, the government has appealed the ruling of the High Court and the case is now before a seven-judge bench of the Court of Appeal, with Musinga J presiding. The Court of Appeal is expected to deliver its verdict on August 20, 2021.

Importantly, the judicial decision and subsequent reactions from the Kenyan political class, civil society, and institutional actors appeared to shed light on the changing political environment within the country as well as the continuing strengthening of democratic institutions, especially at the national level.

THE ‘HANDSHAKE’ AND THE BUILDING BRIDGES INITIATIVE

The Constitution Amendment Bill 2020 was an outcome of the Building Bridges Initiative (BBI)—an effort by Kenyatta and political rival Raila Odinga, the leading contenders for the presidency in 2017 and their supporters. The BBI was expected to generally improve governance and prevent future post-election violence like that of the aftermath of the 2017 elections.

Indeed, in March 2018, Kenyatta and Odinga publicly declared that they had decided to put aside their political differences and come together through a “handshake.” As magnanimous and patriotic as this political gesture may have appeared to many observers, especially since it “brought calm and a sense of relief” to Kenyans following the extremely contentious 2017 presidential election, another interpretation is that this was essentially an effort to ensure the continued political relevance of Kenyatta and Odinga. In fact, many cynics view the truce with suspicion, arguing that this rapprochement could place Kenyatta, who is constitutionally barred from standing for a third term as president in 2022, in a position to assume the role of managing the country behind the scenes with a puppet president in post-2022 Kenya.

Importantly, while the handshake may have cooled political temperatures, it did not resolve the feelings of alienation and marginalization that continue to consume some ethnolinguistic groups that are suspicious of the central government and believe that it is either unwilling or unable to deal effectively and fully with issues of extreme poverty and underdevelopment, inequality, inequities in the distribution of income and wealth (particularly land), ethnic animosity, and other problems that have relegated them to the political and economic margins.

THE CONSTITUTIONAL AMENDMENT BILL

The Kenyatta-Odinga handshake led directly to the production of the Building Bridges Initiative (BBI), whose main objective was to thoroughly investigate nine issue areas that were deemed by Kenyatta and Odinga to be critical to the creation of “a united nation for all Kenyans living today, and all future generations.” Among the BBI report’s wide-ranging series of recommendations are institutional reforms for significantly restructuring the country’s institutions, particularly its constitution, and reintroducing a hybrid system of government that will include power-sharing between a president and a prime minister, with members of the Kenyan Parliamenteffectively allowed to serve as part of the Cabinet.

If implemented, the proposed BBI reforms will likely undermine the country’s institutions of governance. They will also threaten judicial independence, eliminate opportunities for the formation of an effective opposition to government, severely erode Kenyan democracy, pervade any efforts to adhere to the rule of law, and make it extremely difficult to build the types of national ruling coalitions that can advance the interests of all Kenyans, instead of those of specific ethnolinguistic factions. In response, five political activists have challenged the process before the High Court.

THE HIGH COURT RULES ON WHO CAN INITIATE AMENDMENTS TO THE CONSTITUTION

In May of 2021, the five-judge bench struck down the proposed amendment, declaring that “the President does not have authority under the Constitution [of 2010] to initiate changes to the Constitution, and that a constitutional amendment can only be initiated by Parliament through a Parliamentary initiative under article 256 or through Popular Initiative under Article 257 of the Constitution.” In other words, an amendment must emerge from the ordinary citizen and not the president, as required by the basic structure doctrine.

Source:https://www.brookings.edu/blog/africa-in-focus/2021/08/19/is-the-bbi-ruling-a-sign-of-judicial-independence-in-kenya/

Tags: BBI reformsBBI RULINGBBI ruling a sign of judicial independence in KenyaJohn Mukum MbakuTHE ‘HANDSHAKE’ AND THE BUILDING BRIDGES INITIATIVEwww.brookings.edu
Previous Post

First Batch of Kenyan Nurses Part of New UK-Kenya Deal Expected to Arrive in the UK in 3 Months

Next Post

Mother’s Pain: UK-Based Kenyan Woman’s Two Sons Beaten to Death in Kitengela

Related Posts

Kenyan Student Orville Kimutai Dies While Swimming in Western Australia
Diaspora

Kenyan Student Orville Kimutai Dies While Swimming in Western Australia

September 16, 2023
Kenyans Who Won US DV 2023 Green Card Blocked From Migrating to America
Business

Kenyans Who Won US DV 2023 Green Card Blocked From Migrating to America

September 14, 2023
Susan Njeri Njuguna of Turi Molo
Diaspora

Transition/Death Announcement of Mrs Susan Njeri Njuguna of Turi Molo

September 14, 2023
On Civilian Casualties in Sudan
Kenya

On Civilian Casualties in Sudan

September 13, 2023
Sollay Kenyan Foundation Fundraising Gala Saturday September 30 2023 Time 7Pm EST
Christian News

PCEA IMANI CONVENTION OCTOBER 14th & 15th 2023

September 11, 2023
Sollay Kenyan Foundation Fundraising Gala Saturday September 30 2023 Time 7Pm EST
Africa

Equity Bank USA Tour Sept 7th to Sept 24th 2023 Kansas,Boston & Atlanta

September 11, 2023
Next Post
Mother’s Pain: UK-Based Kenyan Woman’s Two Sons Beaten to Death in Kitengela

Mother's Pain: UK-Based Kenyan Woman's Two Sons Beaten to Death in Kitengela

Please login to join discussion
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Royal Gardens Ngong Royal Gardens Ngong Royal Gardens Ngong
ADVERTISEMENT

Latest News

Kenyan Student Orville Kimutai Dies While Swimming in Western Australia

Kenyans Who Won US DV 2023 Green Card Blocked From Migrating to America

Transition/Death Announcement of Mrs Susan Njeri Njuguna of Turi Molo

On Civilian Casualties in Sudan

PCEA IMANI CONVENTION OCTOBER 14th & 15th 2023

Equity Bank USA Tour Sept 7th to Sept 24th 2023 Kansas,Boston & Atlanta

Sollay Kenyan Foundation Fundraising Gala Saturday September 30 2023 Time 7Pm EST

Transition/Death Announcement of Joseph Ng’ang’a Wanjohi of Puyallup in Washington State, USA( Brother to Bernard T.Makumi of Boston MA)

Transition/Death Announcement Elder Daniel Mwangi Thuku of PCEA Kiambogo-Nakuru, Kenya.

Kindiki vows to deal with passport cartels at Nyayo House

We are grateful for your monthly or one-off donations To Samrack Media: Cash App No: 781-888-8770 $SAMRACK001

Money

New Digital Skills Helps Unemployed Kenyan Youth Earn In Cryptocurrency

New Digital Skills Helps Unemployed Kenyan Youth Earn In Cryptocurrency

by samrack
November 19, 2021
0

New Digital Skills Helps Unemployed Kenyan Youth Earn In Cryptocurrency This week sees the launch of a new initiative to equip...

A simple guide to Government Bonds investing in Kenya

A simple guide to Government Bonds investing in Kenya

by samrack
September 17, 2021
0

A simple guide to Government Bonds investing in Kenya A treasury bond (T-bond) is a medium term to long term...

Politics

On Civilian Casualties in Sudan

On Civilian Casualties in Sudan

by samrack
September 13, 2023
0

On Civilian Casualties in Sudan The United States is alarmed by the recent increase of indiscriminate air and artillery strikes...

President William Ruto of Kenya

Kenya reinstates small fuel subsidy in government U-turn

by samrack
August 16, 2023
0

Kenya reinstates small fuel subsidy in government U-turn Kenya has reinstated a small subsidy to stabilise retail fuel prices for...

  • About Us
  • Archives
  • SWG Registration

© 2023 SAMRACK - Diaspora News & Updates; design by: Samrack.

No Result
View All Result
  • Home
  • ALL NEWS
  • Diaspora
  • Africa
    • AFRICA
    • KENYA
  • BUSINESS
    • BUSINESS
    • INVESTMENTS
    • REAL ESTATE
    • TECHNOLOGY
  • Politics
  • Health
    • HEALTH
    • EDUCATION
  • Religion
  • People
    • PEOPLE
    • LIFESTYLE
    • RELATIONSHIPS
  • Obituaries
  • Videos
  • Events

© 2023 SAMRACK - Diaspora News & Updates; design by: Samrack.

Page generated in 1.740 seconds. Stats plugin by www.blog.ca