Supreme Court reviews appeal to change constitution through BBI

Supreme Court reviews BBI Appeal by AG Kihara, IEBC

The Supreme Court of Kenya began weighing a legal bid to revive government plans to shake up the country’s political system, seven months ahead of crucial elections.

The Supreme Court ruling on the proposed constitutional changes, expected after three days of hearings this week began January 18, and may have major consequences for the August 9, 2022 presidential and parliamentary polls.

The government is seeking to overturn previous court rulings that rejected the sweeping reforms and the way they were introduced as unconstitutional.

Dubbed the Building Bridges Initiative (BBI), it aims to expand the executive and overturn the winner-takes-all electoral system blamed for frequent explosions of poll-related violence in the East African nation.

But President Uhuru Kenyatta’s detractors see it as little more than a naked grab for power by a two-term president who cannot run a third time, with the BBI potentially allowing him to assume a new post of prime minister.

The BBI was drawn up following a rapprochement between Kenyatta and his erstwhile opponent Raila Odinga and a famous handshake between the two after post-election fighting in 2017 that left dozens of people dead.

The proposed amendments to the 2010 constitution were approved by parliament in May last year and were then due to be put to a referendum.

But just two days later, the High Court ruled they were illegal as the President did not have the right to initiate the process.

Court of Appeal in August upheld that view and said Kenyatta could even be sued in a civil court for launching the process.

Some analysts say that even if the Supreme Court sides with the government and allows the proposals to be put to a public vote, there will likely not be time to hold a referendum before the August election.

With its diverse population and large ethnic voting blocs, Kenya has long suffered politically-motivated communal violence around election time, notably after a 2007 poll when more than 1,100 people died.

Deputy President William Ruto, who is vehemently opposed to the BBI, is expected to run against Odinga in what is widely seen as a two-horse race for the country’s top job.

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Lawrence Baraza is a prolific writer with competencies in Digital Media, Print, and Broadcast. Baraza is also a Communication Practitioner currently spearheading Digital content on Metropol TV's Digital Desk.

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