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Elect Kenya Kwanza to stop oligarchs from mutilating the constitution: Muthama » Capital News

NAIROBI, Kenya, May 19 — United Democratic Alliance (UDA) Chairperson Johnson Muthama has urged Kenyans to vote in the Kenya Kwanza Alliance during the August 9 polls to bar what he termed “oligarchs from amending the constitution for self-aggrandizement.”

Muthama said Thursday in a Twitter post that Kenyans should unite and reject the Azimio ticket fronted by President Uhuru Kenyatta.

He warned that a Raila Odinga presidency would “mutilate” Kenya’s progressive constitution.

“It is now evident that our opponents have caballed with an aim of mutilating the constitution. The 2010 constitution was written to protect Kenyans from the government, and its strength lies entirely in the determination of each citizen to defend it against all political hazards,” Muthama said.

He was speaking in reference to the failed Building Bridges Initiative (BBI) constitutional amendment process which was initiated by the Azimio la Umoja presidential candidate with the backing of President Kenyatta.

On March 13, the Supreme Court sounded the death knell for the BBI after upholding rulings by both the Court of Appeal and the Constitutional Court that it was unconstitutional.

The majority ruling by a seven-judge bench found that President Kenyatta’s involvement in the process was unlawful.

Six of the seven judges were in agreement that the President cannot initiate the process.

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In a summarized judgement, Chief Justice Martha Koome further stated that the creation of 70 new constituencies was also against the law.

“In the BBI appeal, we have allowed 5 and disallowed 2,” she stated.

The 7-judge bench focused on 7 areas that included basic structure doctrine, whether the President can initiate a popular initiative, creation of 70 new constituencies, whether the President can be sued, public participation, whether the Independent Electoral and Boundaries Commission (IEBC) was properly constituted and the referendum questions.

Majority of the judges agreed that the President cannot initiate the popular initiative, apart from Lady Justice Njoki Ndung’u who argued that the President can initiate the process either in his personal capacity or in his official capacity since he is democratically elected by Kenyans.

She said Kenyans have a right to enjoy representation from their duly elected leaders, through whom they can exercise sovereign power.

While unveiling Martha Karua as his running mate in the August 9 presidential election however, Odinga declared his intention revive the amendments envisaged in BBI.

The Azimio presidential candidate said he would task Karua, as his Constitutional Affairs Cabinet Secretary, with the responsibility of spearheading the process.

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