NAIROBI, Kenya Aug 23 – ICT Cabinet Secretary Joe Mucheru has criticized the seven Judges of the Court of Appeal for dismissing the case challenging a constitutional court ruling that rendered the Building Bridges Initiative (BBI) null and void.
Mucheru said the Judges simply “usurped the will of the people” by blocking the much-needed constitutional reforms in the country.
“In my opinion what the Judiciary has done in dismissing BBI is to usurp the role of Wanjiku in deciding her fate,” he said in Limuru during a youth fucntion.
Whereas the Daniel Musinga-led bench on Friday categorical stated in their ruling that the BBI initiative was not a popular initiative driven by the people but instead a presidential one, Mucheru said that the Judges were out to “settle political scores at the expense of the common man”.
According to Mucheru, Kenyans are the biggest losers following the stinging ruling that paralysed President Uhuru Kenyatta and former Prime Minister Raila Odinga’s agenda to unite the country. Both leaders had initiated the process.
“They (judges) missed the bigger picture because the whole issue was politicised and anchored as a power hunt rather than a noble development initiative that would devolve more funds to the people,” he said.
Odinga has since said he will move on and focus on his 2022 presidential ambitions. President Kenyatta is yet to publicly comment about the ruling but reports indicate that Attorney General Kihara Kariuki is planning to move to the Supreme Court to challenge some sections of the ruling.
Mucheru also took a swipe at Deputy President William Ruto who has been on a celebratory mood since Friday when the judgement was issued.
“We saw some leaders fervently thanking God the Father for the adverse court ruling. It is a classic case of not seeing the forest for the trees,” Mucheru said.
Despite what happened, he said, the government will not be deterred in doubling its efforts to spur development across the country, and in particular supporting the youth to become core pillars of our development agenda.
Ruto who was a bitter critic of the BBI process and constantly accused the government in which he belongs of getting its priorities wrong.
“The court decision reaffirms that Kenya is a country governed by the rule of law, not the rule of men, where the Constitution and sovereignty of the people are supreme, and not the political elite. However, no one has won or lost: It is a win-win for the people and the Constitution, I laud the courage of the judges who have bravely defended the Constitution,” Ruto said after the landmark judgement that slammed brakes on the BBI process.
The proposed reforms came about following the 2018 handshake between Kenyatta and his erstwhile opponent Raila Odinga after a disputed election of 2017.
The initiative was aimed at eliminating the current winner-takes-all electoral system, by expanding the executive and parliament to more evenly divide the spoils of victory.
But it was seen by critics as a way to enable Kenyatta — who is barred from running for president again in the August 9, 2022 vote — to remain in power by creating the post of prime minister.
The proposed amendments to the 2010 constitution were approved by parliament in May and were then due to be put to a referendum.
A section of legislators led by Ndaragwa MP Jeremiah Kioni have since committed to revive the constitutional amendment process by targeting sections of the law in it in Parliament.
