Ndii: Our aim is to cure political mischief not to switch off BBI reggae

Economist Dr David Ndii now wants proposed constitutional amendments to be audited and approved by the Judiciary before they can be taken to the people.

Speakingthis morning on Spice FM, Ndii (pictured) said it was time the country created a process to guard against mischievous amendments laced with political expedience.

He said if not safeguarded, the Constitution wiould be exposed to class, religion or political mobilisation that might erode the democratic gains the country had made since independence.

“Certain political struggles continue to exist in the society and this might push certain groups to weaponise democracy to interfere with the Constitution,” he said.

While referring to a petition he and others filed in High Court over the same, Ndii said he was not against the Building Bridges Initiative (BBI), but just wanted the supreme law protected.

“We are not anticipating what the BBI changes are, or trying to block anyone, ours is an attempt to cure political mischief and protect the core aspects of the Constitution,” he said.

“The amendment should be about values and moral content in the Constitution. Let us have a framework of reasoning when certain changes are to be effected to see if they are necessary."

Ndii warned that if a process was not created to audit the proposed amendments, Kenyans could end up with an imperial president and repugnant articles in the Constitution.

“If we don’t we would end up with a Constitution with numerous repugnant clauses,” he said.

Dr Ndii added that their proposal is an improvement in the way Kenyans can amend the law.

 “We are not perfect, but we need to improve our constitutionalism by enacting a process that will help us evaluate proposed amendments and see if they are in tandem with the principle of the law,” said the economist.

“Sometimes MPs or Parliament can be intimidated politically and can pass bad law, so let’s put 2010 law as the yardstick and let the court decides.”

Jerotich Seii said their aim in the petition is to immunise certain chapters from political whims and the rampant attempts by political players to water down the Constitution.

She urged Kenyans to be active citizens so that they are aware of what is happening not just being told on what to do.

“Essential and core features of the Constitution should be protected and immunized from the willy-nilly attempts to amend the Constitution,” she said.

Dr Ndii, Jerotich and three other Kenyans have gone to court seeking answers on whether some chapters of the Constitution can be amended in a petition that has been seen as anti-BBI spearheaded by President Uhuru Kenyatta and ODM leader Raila Odinga.

Dr Ndii, Seii, James Ngondi, Wanjiru Gikonyo and Ikal Angelei want the High Court to determine three key issues among them whether the basic structure of the constitution can be amended.

“Accordingly, an amendment to the Constitution cannot be made that had the effect of overthrowing or obliterating the Constitution itself. Simply put the Constitution’s basic structure is infrangible,” the petition filed through lawyer Nelson Havi stated.