Friday, August 20, 2021 – President Uhuru Kenyatta and Opposition leader, Raila Odinga, have suffered a severe blow after one of the Court of Appeal judges poked holes in the Building Bridges Initiative (BBI).
In his ruling on Friday, Court of Appeal Judge, Daniel Musinga, declared that all sovereign power belongs to the people of Kenya and must be exercised per the constitution.
“The Constitution declares that all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution” stated Musinga as he read his own judgment.
According to Musinga, Uhuru and Raila have no powers to initiate a constitutional amendment.
The outspoken judge who serves as the President of the Court of Appeal also declared that only parliament has the powers to amend the constitution of Kenya 2010.
“The only parliament can alter the constitution as per the amendment act,” Musinga ruled.
Musinga is among the Seven Judge Bench that is expected to rule on the validity of the BBI process.
Others are Justice Patrick Kiage, Lady Justice Hannah Okwengo, Lady Justice Rosyline Nambuye, Lady Justice Fatuma Sichale, Justice Gatembu Kairu, and Justice Francis Tuiyot.
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