Solicitor General Ken Ogeto has faulted the 5-judge High Court bench for its ruling that declared the BBI process as illegal, noting that the judges erred in the decision and that the Court of Appeal should revise it.
While making his submissions on behalf of the Attorney General, Ogeto pointed out areas of concern in the ruling, adding that from their point of view, there was ground for the court to declare the process illegal.
He took issue with the court’s interpretation of the term ‘popular initiative’, claiming that the High Court judges relied on Wikipedia which is not a credible source.
“They claimed that popular initiatives are anti-government - this was their finding. This regrettable claim resulted partly from the learned judges reliance on Wikipedia, they resorted to Wikipedia as an authority; for sure Wikipedia cannot be a reliable authority for anything serious,” he said.
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In his submissions, Ogeto maintained that the Kenyan Constitution provides for amendment through a Parliamentary or Popular Initiative, adding that BBI process was anchored on the above provision.
According to Ogeto, the ruling delivered by the 5-judge High Court bench was a direct attack on the person of the president by the judges.
“Our constitution has no place for the application of the basic structure doctrine. Chapter 16 of our constitution provides that it may be amended whether through parliamentary initiative or popular initiative.
“Nothing in the constitution prevents the president from originating an amendment proposal to the constitution. The learned judges it seems were keen on very personalized attacks on the president. To them facts and law did not matter,” he said.
