Raila Makes BBI Demand On Eve Of 'Null & Void' Anniversary
However, the document encountered hurdles he termed as technicalities, which led to the downfall of the BBI through its nullification by Kenya's top courts.
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Azimio la Umoja leader, Raila Odinga, on Thursday, March 30 called for the revival of the Building Bridges Initiative (BBI) in new demands to President William Ruto during the anti-government demonstrations.
Speaking to the media in Karen during an address that was not televised live, Raila recalled how he alongside former President Uhuru Kenyatta led reforms to the Constitution following their handshake in 2018, stating that the initiative that emerged as a result sought to address several issues affecting Kenyans.
However, the document encountered hurdles he termed as technicalities, which led to the downfall of the BBI through its nullification by Kenya's top courts.
Raila Odinga with former President Uhuru Kenyatta holding their respective BBI documents. /FILE
"It was not that BBI was irrelevant it was just because of a technicality problem. That needs to be brought back to the table," he stated.
While addressing his supporters during the protests in Nairobi, Raila for constitutional changes and for the IEBC server to be open while addressing Mukuru kwa Njenga residents.
"As Azimio we are not foolish. but to the patriotic Kenyans, we want the country to deliver. We want Kenyans to be respected. We have said we want Constitutional changes. We want the server to be open," he stated.
Friday, March 31, 2023 marks one year since the Supreme Court nullified the BBI bill, also known as the Constitutional Amendment Bill, (2020). Six out of seven judges led by Chief Justice Martha Koome had ruled that the President cannot lead a popular initiative to amend the Constitution.
Three judges held that former President Uhuru was a promoter of the BBI proposed amendments. Two judges said President Kenyatta was not involved. two judges abstained from that vote.
Final judgment
- Basic Structure is not applicable in Kenya.
- President cannot initiate amendment through Popular Initiative - President Kenyatta initiated the BBI. Consequently, under 257, BBI is unconstitutional.
- The creation of 70 constituencies is unconstitutional for want of public participation.
- Civil proceedings cannot be initiated against the President.
- No obligation on IEBC to ensure promoters of BBI complied with requirements for public participation. There was public participation in BBI.
- IEBC had a quorum.
- The issue of multiple question was not ripe for determination.
- Each party to bear its own costs of the suit.
CJ Koome had ruled that the Basic Structure doctrine and the four sequential steps provided by the High Court and the Court of Appeal were not applicable in Kenya.
"The two Superior Courts below erred in introducing a procedure not provided for by stating that amending the Constitution ought to go through the four sequential stages (civic education, public participation, constituent assembly debate, and a referendum). Ultimately, they amended the Constitution by judicial craft," she stated at the time.
Raila on December 11, 2022, had criticised President Ruto for likening his proposed amendments to the Constitution of Kenya to the aspects that were in the BBI, believing that the Head of State was calling for the introduction of the same changes that were in the BBI bill, which he had opposed during his campaign trail ahead of the August 9 elections.
"The memorandum of His Excellency Hon. William Ruto to the speakers of both the National Assembly and the Senate proposing several amendments of the Constitution of Kenya is puzzling to many Kenyans and myself as it undoubtedly seeks to re-introduce the same matters that had for many months been suggested by the Building Bridges Initiative.
"I find it puzzling because the memorandum presents these proposals without any recognition that the BBI reports, which are official government documents, contain all these proposals coupled with the rationale why these suggestions had been found to be necessary by the people of Kenya who participated in the process. Instead, Mr Ruto has appropriated the views of these people and speaks of the proposals as his own," Raila stated at the time.
Raila had wanted President Ruto to follow the very steps that the Supreme Court directed on any constitutional amendments before he could accept the Office of the Opposition the President proposed in a memorandum to the National Assembly and Senate Speakers.
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