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The Final Verdict Of The Legality Of BBI Has Been Given By The President Of The Court Of Appeal

The last judge to rule on the legality of the BBI process was President of the Court of Appeal Justice Daniel Musinga.

The President's appointment of the Judiciary Ombudsman, according to Musinga, tends to entrench the Executive in the JSC and, by consequence, the Judiciary.

According to Musinga, if the BBI passes, the number of executive appointees on the board will rise to 5. This would be a blow to the Judiciary's independence.

A constitutional amendment bill that tries to fundamentally modify essential constitutional pillars such as the principle of separation of powers and the independence of the Judiciary, according to Musinga, is not an ordinary modification; rather, it amounts to the Constitution's dismemberment.

The BBI steering committee is unconstitutional, according to Justice Musinga, and nothing legitimate can come of it.

He also pointed out that the formation of the 70 additional districts was a textbook example of gerrymandering.

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BBI JSC Judiciary Ombudsman Musinga


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