Lady Justice Njoki Ndung’u of the Supreme Court on Thursday said that the President can promote constitutional amendments through a popular initiative.
Delivering her judgement during the Supreme Court ruling on petitions challenging the Consititution amendment through BBI, Justice Ndung’u said that it was within the Consitution.
“Clearly in promoting and enhancing national unity, the President can promote constitutional amendments through popular initiative.
“This could qualify as a measure taken under Article 132 on which progress achieved can be reported. It is directly within the four corners of the Consitution,” Justice Ndung’u stated.
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Justice Ndung’u ruled that when the President takes measures in exercise of his functions including the proposal on the constitution amendment, he is bound by the oath prescribed by the Constitution – to act for the best interest of Kenyans and not to undermine democracy.
This was a contrast to the ruling by Chief Justice Martha Koome who had initiated the ruling process at the Supreme Court on Thursday.
In her judgment, CJ Koome said that the President cannot initiate a popular initiative adding that it is a preserve of the Wananchi.
This was one of the seven contentious issues in the BBI petition.
"The President is not permitted to initiate constitutional amendments or changes through a popular initiative route provide under article 257 of the constitution," the CJ ruled.
