After the over ruling from the high court on the unconstitutionally declared BBI process. Several options are at the disposal for BBI Proponents to consider but all of them are difficult in the prevailing circumstances.
The 5 bench Judges decision has covered almost all avenues/issues. They answered almost all questions about the validity of the BBI process in favour of striking it down.
They blocked almost any possible escape route for validation especially things to do with the constitution, validity, status and role of IEBC..
The President and former Pm Raila therefore has 4 options for now..
1. To make an Appeal to COA seeking review of the Judgement and hopes to succeed in the appeal..
This is somewhat difficult given the multiple issues at play, the shortages of COA Judges and the public pressure based on previous decisions. (Court of appeal judges are reportedly lesser)
2. Take the parliamentary amendment route and amend what Parliament is mandated to amend. This could Not be easy either given controversy on some issues that cut across the political divide and the bold decision by court including the expansion of executive which must go through a referendum to be amended.
3. Initiate a people driven process as advised by court. Bogged down by critical timelines in view of 2022 elections beckoning. This also has its crazy obstacles. A bit difficult also.
4. Do nothing.
Did failure by politicians to close political ranks lead the country here.?
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