BBI BILL MUST BE ALLOWED TO GO TO THE PEOPLE

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BBI BILL MUST BE ALLOWED TO GO TO THE PEOPLE

By Abala Kinyua

 

Photo: Courtesy

The constitution of Kenya 2010 and indeed any other constitution are not cast on stone and even so, stones can also be broken into fine dust.

The framers of all constitutions were not insane to insinuate that the law can be changed and that a constitution can be amended. The constitution provides for its own amendment because time changes and some laws may not be serving us anymore hence the reason and need to change a constitution.

In this regard, I fail to understand why the judiciary would want to stop citizens from exercising their rights to change their own constitution.

Is it not the mandate of the judiciary to interpret and not make laws? Why is the judiciary adjudicating on something that is not yet law? Is the judiciary not supposed to wait for the verdict of the people before they say whether the law is constitutional or unconstitutional? The judiciary is engaging in a very dangerous attempt to stop the will of the people.

As a country we must stop ‘judicializing’ our politics because it may just become too undemocratic.
Our courts cannot ignore the fact that more than 4 million Kenyans signed to endorse the BBI bill hence making it a candidate for a referendum. We cannot stop the people from making their opinion known and that is ON THE BALLOT

Our judges will be denying THE PEOPLE a change to exercise their sovereignty and let us vote on the bill. If more people reject it, then so be it but the courts cannot stop a process of the people.

Article 257: Amendment by popular initiative does not spell out who and who cannot initiate a referendum push. The referendum stands when there is a bill and there are 1 million signatures both of which BBI bill qualify.
 

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