Tuesday, June 29, 2021 – Solicitor General, Ken Ogeto, has lambasted five High Court Judges who nullified the Building Bridges Initiative (BBI) last month.
In his submission to the Court of appeal on Tuesday, Ogeto, who is representing President Uhuru Kenyatta, appealed to the appellate court to ‘rewrite the wrong’ that was done by the five-judge bench which stopped the BBI reggae.
Ogeto argued there was never any intention to make certain parts of the Constitution unamendable as the High Court had ruled.
“If that was the case then the makers of our Constitution would have expressly stated so in the Constitution,” he said.
Ogeto said Chapter 16 has been very successful in safeguarding the Constitution against the culture of the hyper amendment.
“Since the promulgation of the Constitution there have been approximately 22 failed attempts to amend it, two through popular initiative and 20 through Parliament,” he said.
He also argued the Constitution gives a serving President absolute immunity from civil proceedings while exercising his official functions.
On popular initiative, Ogeto dismissed the section of the ruling that states that the popular initiative mechanism is exclusively available to the private citizen as opposed to a state organ or his Excellency the President.
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