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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