Editor's Review

  • President Uhuru Kenyatta and his handshake partner Raila Odinga are yet to address the High Court on BBI. 

Central Organisation of Trade Unions (COTU) boss Francis Atwoli has criticized the High Court for declaring the BBI process illegal.

Speaking to a local daily on Friday, Atwoli claimed that the ruling delivered by the 5-judge bench was an attack on President Uhuru Kenyatta.

He urged the President to take unspecified action against the judges, adding that BBI is still on course.

"The ruling was an attack on President Uhuru Kenyatta by the five judges. This shows openly that they had a predetermined decision. President Kenyatta should take stringent action(s) against the five. BBI is still on course,” he said.

Atwoli has been a key player in the BBI process with his Kajiado home being used to organize meetings for deliberation on the Constitutional Amendment Bill.

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On Thursday, a five-judge bench made up of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita declared the BBI process illegal, arguing that the President cannot initiate a popular initiative.

“It is our finding that popular initiative is a power reserved for Wanjiku neither the president or any other state organ can utilize article 257 to amend the constitution.

“President cannot purport to directly initiate a constitutional amendment. He isn’t part of parliament. He has no power under the constitution to initiate changes under the constitution since parliament is the only state organ that can consider the effecting of constitutional changes. The president is not permitted to amend the constitution using popular initiative,” the court ruled.