Political Scientist Mutahi Ngunyi has delved into the court ruling that declared the BBI process illegal, giving President Uhuru Kenyatta various options available to proceed with BBI reggae to the end.
“The state conceptually is designed as a criminal enterprise and that is why the world over the head of state is above the law.” Ngunyi started.
Ngunyi opined that it is acceptable for the head of state to do “a few things that are outside the law”.
T”he state can decide to ignore the ruling of the judges and ask them where will you take us?
“When we say that Uhuru Kenyatta can decide to ignore this ruling, what I mean by that is that he can argue that the will of 5.2 million people pronounced itself when Kenyans signed the petition. This was followed by 44 (out of 47) county assembles that expressed the will of the people to see the BBI process complete and head to a referendrendum. 235 MPs exercising the will of the people also voted in support of the referendum, making it clear that majority of Kenyans, through their elected representatives were keen on fiull implementation of the BBI” He added.
“And then five guys, nondescript really in terms of popular locus come up and say that the will of the 5.2 Million people, the will of the 44 county assemblies and the will of the 235 MPs who represent the will of the people expressing their sovereignty through parliament.
“A cabal of five judges comes up and says that you cannot express your sovereignty and there is nowhere you can take us.” He continued.
Ngunyi also opined that all along the BBI and the referendum was a decoy and with the Thursday ruling, Uhuru could have his way in parliament to see the recommendations of the BBI report implemented through a parliamentary initiative.
Already when 235 MPs have passed the BBI, 233 needed to pass constitutional amendment will be a walk in the park should the president choose that route.
He added that Uhuru can take the parliament option and blame whatever he is unable to pass on the judiciary.