Uhuru Kenyatta lawyers today found themselves in a tight spot after the court of appeal judges questioned them on issues constitutional amendment in the manner of popular initiative. They had a rough time trying to explain on how a sitting president can initiate a popular initiative contrary to the constitution.
According to the judges, the constitution states that the constitution can only be changed either through a popular initiative or parliament. The judge then enquired to know why the president would think he was acting on behalf of the people yet the constitution doesn't regard parliament as so in matters constitutional changes.
According to the judges, the constitution envisaged the people to change the constitution themselves and not through their elective representatives. It's clear if it's through elected representatives, then that would only be through parliament. It's a question that caught Uhuru Kenyatta lawyers flat footed for it's clear a popular initiative can only be spearheaded by the Wanjiku.
The judges also wanted to know of whether one can initiate a popular initiative to remove parliament as an organ of government. This touched on the structure of the constitution as ruled by the High Court of Kenya.
Uhuru Kenyatta lawyers, affirmed that if it was according to the will of the people then that was possible leaving the panel of judges in shock. It's really clear the basic structure of any government must have parliament and it can't be removed by a that left the lawyers in confusion.
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