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Former AG Githu Muigai tears into High Court judgement, terms it recipe for chaos

By Betty Njeru | June 30th 2021

Former Attorney General Prof Githu Muigai. [Kelvin Karani, Standard]

Former Attorney-General Githu Muigai has criticised the High Court’s ruling that nullified the BBI push for Constitutional change, terming it a “dangerous proposition that only invites insurrection”.

While appearing for the IEBC in the BBI appeal case on Wednesday, Githu argued the judgement, if allowed to stand, would lead to chaos.

“This judgement cannot be allowed to stand. It violates so many fundamental tenets of good Constitutional interpretation and management of constitution conflict, that if it were allowed to stand it would be the recipe of chaos,” he told the seven Court of Appeal judges hearing the matter.

The lawyer argued the High Court violated the IEBC’s right to independence.

“The judges exercised a jurisdiction that the people of Kenya reserved for the Supreme Court, and, as a result, trampled on the independence of IEBC. Independence is not for the Judiciary alone, it is for every Constitutional institution,” he said.

Githu further argued the ruling suggested the courts lacked confidence in Kenyans’ ability to make their own decisions.

“The judgement made says the people of Kenya cannot be trusted with their own Constitution, while there are parts of it nobody knows that will never be amended. This is a very dangerous proposition and only invites insurrection.”

He also challenged the three judges’ decision that stated the IEBC composition was insufficient to run Referendum activities. The electoral board currently has three out of seven commissioners.

“What was the default membership submission?” he posed, adding: “[The] IEBC was in very good protection of the law because it met the Provisions of Article 250, Sub-Article 1.”

Wednesday, June 30, marked Day Two of submissions in the BBI appeal suit filed before seven Court of Appeal judges, led by the court’s President, Daniel Musinga.

The four-day hearing will run until Friday, July 2, when the judges will retreat to compile their rulings.

Download the BBI Judgement by all seven Judges - Civil Appeal No. E291 of 2021
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