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High Court judges when they declared the BBI process null and void.[Standard]
The decision stopping reggae should not have come as a surprise to any Kenyan who had read that court’s decision on various interlocutory applications preceding the final judgment. From the outset, let me state, without any equivocation, that although I believe the court misdirected itself on a variety of issues, including rewriting the constitutional provisions on the exercise of sovereign power, the judgment was in many respects a well-reasoned and monumental jurisprudential piece that shall be studied in many jurisdictions over the years.
We must remember the greatest threat to Kenya is not a court that pushes its boundaries and finds itself against the Executive even if wrongly; this can be corrected through appeal. Dangerous is a Judiciary, like those in the 80s and 90s that assisted the Executive subjugate Kenyans. Of course, this decision will displease the Executive.
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