Lawyers have argued that the ruling by the High Court on the Constitution Amendment Bill 2020 also known as the Building Bridges Initiative (BBI) opens the door for any one to initiate President Uhuru Kenyatta's impeachment.
On Thursday, May 13, 2021, the High Court determined that the Head of State had subverted Chapter 6, Article 73 (1) (a) (i) of the Constitution by initiating the BBI process contrary to its provisions on amending it.
Lawyer Charles Kanjama stated that President Kenyatta can now be impeached, unless the ruling by the High Court is set aside.
"Any MP who wants to impeach the president has the basis to institute the impeachment motion. Such a motion is strengthened by the president's failure to appoint 41 judges. There have been grounds of impeaching President Kenyatta even before," Kanjama stated.
Lawyer Elias Mutuma, who was part of the team that argued the case, defended the ruling by the five-judge bench, noting that it was the correct ruling.
"The president took an oath of office and swore to uphold and defend the constitution. He is bound by oath and is liable for any breach," he said.
An MP with the backing of a third of the MPs could kickstart the impeachment process on grounds of gross violation of the Constitution or any other law. To impeach the president, the motion must be supported by two thirds of the house.
Solicitor General Ken Ogeto disagreed with the findings, stating that the ruling on President Kenyatta was erroneous on the court's part and provides grounds for an appeal.
