WHY PRESIDENT UHURU NEEDS BBI REFERENDUM.

President Uhuru Kenyatta pushed for changes to the Constitution to leave his Mt Kenya backyard stronger and influence his succession, analysts have said.

The Constitution (Amendment) Bill was declared unconstitutional by the High Court but the Attorney General has begun an appeal process.

Critics of the Uhuru and ODM leader Raila Odinga-led process say it is a scheme with personal interests beyond what is stated.

They said the President was keen on the creation of the 70 extra constituencies, increase of revenues to counties from 15 per cent to 35 per cent and the expanded Executive.

Mt Kenya got the lion’s share of the 70 constituencies, putting the region in a prime position to clinch the proposed post of prime minister.

Former Jubilee party deputy secretary general and Soy MP Caleb Kositany said “there is more than meets the eye in the manner the President and entire state machinery is bulldozing the BBI”

Speaking to the Star on phone, Kositany said BBI is tailored to enable some families to stay in power forever.

He said on the eve of the High Court ruling on Thursday last week, some political leaders had been invited to State House for the BBI Bill signing ceremony.

“It was evident in the celebrations that followed the ruling that Kenyans across the board were not happy with what is going on. The people behind BBI are now attacking Judiciary trying to intimidate judges including those to sit in the Court of Appeal,” he said.

He added, “BBI is all about Uhuru and his political interests post his administration. They are using Raila to achieve that and that is why they are now trying to coerce him (Raila) to retire with him in 2022 so that the succession plan is smooth.”

He asked Judiciary to remain steadfast in discharging justice.

“If they have a case, let them file at the Court of Appeal paying interested groups to ridicule the judges is just but primitive. They are used to disobeying court orders and now they think they can have their say and way at the same time. Stop this intimidation of the Judiciary. The power you are drunk with ends on August 9, 2022,” he said.

Jubilee secretary general Raphael Tuju, took a swipe at the five judges, terming the ruling as not just a legal matter but also about getting political settlements.

The Cabinet secretary without portfolio who spoke on NTV on Monday night accused the High Court of judicial activism, adding that such rulings risk tearing the country apart.

“What the court should be doing is helping the process, not breaking it,” he said.

He defended the President arguing that all that he is doing is for the good of the country.

“The President has the responsibility for the national unity and he has to work towards that. Judicial activism of this type led to civil war in the US which is the worst ever witnessed in that country,” he said.

Lawyer Steve Ogolla said it is disheartening that the pro-BBI politicians and their associates have resorted to attacking and abusing the five judges.

Ogolla said the “exaggerated sense of entitlement” is misplaced and does not sway the judicial process.

“The law is the law. It is not there to serve the interests of some category in the society. Some people are highly irritable with the ruling. If the law is not interpreted in a manner that advance their interests, they attack the judges,” he said.

Ford Asili party secretary general Njeru Kathangu said the BBI process was started with a sinister motive with selfish political interests by the initiators.

In a press statement, Kathungu said Uhuru and Raila had preconceived outcomes and that is why they have refused to listen to contrary opinion.

“How can the President who controls the government machinery and the leader of the opposition be (the) ordinary citizens, to push for popular initiative? This demands our MPs to take judicial notice, as an obligation, and put in motion the necessary ouster steps for a President who openly violates the constitution while the citizen watch,” he said.

He doubted that the MPs will institute the impeachment proceedings against Uhuru who the judges said violated the constitution.

“A President who swore to protect and uphold the Constitution has continued to flout it while at the same time ignoring court rulings and judgements with impunity,” said Kathungu.

“In actual fact, our Parliament is totally captured and can do nothing to right evils committed by the Executive,” he added.

He called on the judges to stay put despite the “sponsored noise” aimed at intimidating them saying they are the only remaining hope for Kenya where other arms for government are under state capture.

“As alumni of Bomas constitution making process, we can rest easy that the mwananchi did not shed blood fighting for many years only for a few misguided elites to gang up and undo basic structures of our hard-fought for independence and the constitution. Just like Kenyans have done before, we shall reclaim our country,” he said.

Jubilee Deputy secretary general and Cherang’any MP Joshua Kutuny dismissed fears that the President has a hidden agenda in his quest to amend the constitution.

Kutuny who spoke to the Star on phone said both Uhuru and Ruto charged over the 2008 post election violence, have been in government for nine years now hence the President understands what is ailing the country.

“The President has repeatedly said he will finish his term and go. It, therefore, doesn’t make sense that he is working on other political plans other than that which is good for this country. He was to leave the country peaceful,” he said.

He defended the expansion of the Executive and the role of Parliament saying it will address the winner takes it all.

“After serving for the years in government he knows where the shoe pinches the most. There are several places that are unfairly underrepresented. He is keen on the war on corruption and very unhappy with the protracted cases in court hence he initiated this process,” he said.

Sourced from the Star