President of the Court of Appeal, Justice Daniel Musinga led the bench of seven judges who were hearing the BBI appeal case. Senior Council, Orengo argued that a referendum is a way of allowing people to participate in the law-making process. He added that this is the emancipation of sovereign power and legislative authority and if these limitations aren't respected by the court how will parliament respect those limitations.
Lawyer Steve Ogolla stated that, to argue that the Basic Structure does not apply in Kenya is to demoralize the right minded. He said that if put differently, it's like winking in the dark. The most urgent question of constitutional relevance for determination is does the BBI Bill destroy the Basic Structure? If so, How? He asked.
However, DP Ruto’s opinion on constitutional changes in a meeting with Narok leaders was that Kenyans must duty-bounded to respect the Constitution to guarantee an equal, just and fair society. Whatever we pursue, it must be guided by the needs of the public rather than personal interests, he said.
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