Re-known constitutional High Court advocate Steve Ogolla, has claimed that the Court of Appeal is most likely going to overturn the High Court ruling that the Building Bridges Initiative (BBI) report is null and void.
Speaking on an interview with Citizen television, Ogolla argued that the President is not barred by the constitution to start a popular initiative. There's no provision in the constitution that prevents the Head of State from coming up with a popular initiative.
Therefore if the court says that the President sould no do so, then that is violating the constitution because the president is also a Kenyan and at the same time the popular initiative is one of the avenues to amend the constitution. The Constitution does not say who should use the popular initiative route and who should not.
This means that the President did not violate any article of the constitution because if the court limits him to only initiate a parliamentary bill, then that means that if the President has no tyranny of numbers in Parliament like being an independent, then he or she may not be able to propose an amendment to the constitution which is unlawful. "I see the Court of Appeal overturning the High Court ruling, because there's no provision in the constitution which is barring him from starting a popular initiative."
"You cannot say that the President cannot initiate a popular initiative and therefore he should only use a parliamentary bill. What if the President is an independent and he has no control of Parliament. Should we say that such a President cannot now propose an amendment to the constitution." He argued.
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