The BBI High Court Verdict Was A Travesty Of Justice Through Heavily Relying On A Defective Constitution.


By Arch Dr. Isaac Kinungi

For The Diaspora Times

They are humans but when they approach the high court and observe the statue of a small boy urinating at the fountain, they suddenly change and loose reality.

Loosing reality is when you jail your brother and blame the act as obeying a defective constitution.

Loosing reality is when you arrest your mother for not stopping when the flag is lowered, and justify the act as obeying the National flag.

Loosing reality is when you stop a popular initiative and justify your act with a defective vague clause in the constitution.

The Africans, were and still are brainwashed to obey and follow heavily copied defective American imitated constitution which make them not face reality as it is. The recent verdict of the BBI case, is such examples of manipulating the law to punish, score even or to further embarrass an intended person.

If you witness murder and you were at the scene of the crime and did nothing to help stop it, by reporting before it happens, you can be an accessory to the outcome.

It’s no different to a scenario in Kenya when five learned friends would daily report to their offices knowing that there is an illegal activity going on in the country and the constitution they guard and know it like a bible, ignored it and  observed as promoters of the BBI kept on doing illegalities as they claim.

The learned friends have their bosses at High Court and if they hinted the anomalies early enough,he who would have subsequently alerted the AG to the effect that there were illegalities going on in the country.

The President of the republic of Kenya, is a human and after office, he is a normal citizen of Kenya.

He attends friends funerals and weddings as a gesture of support not necessarily as the President of Kenya, but as a friend to the family.

If BBI is a good initiative to Kenyans, what is wrong if the President is supporting an initiative that is aimed at helping Kenyans? He supported it just like he would support any initiative. He can do so as a citizen or as a President and there is nothing wrong with that.

The learned friends implicating the head of state as the one leading an initiative that will result to a referendum and thereafter change the constitution-then heavily dwelling on the vague constitution  clause without fully ascertaining beyond reasonable doubts, his actual role in the process, is ERRONEOUS  as the same had a task force doing so.

This is not the first task force the President has initiated but one among many and he has never been  taken to court for doing so.

The question remains why the court was in a hurry to pass the momentous verdict without even inviting people like Waweru and Junet, Amos Wako etc as amicus curiae to clarify their position in promoting BBI. The President-considering he was the subject, would still have been summoned in his capacity as a citizen to also shed more light.

Many are applauding the judgment, but I see it as a travesty of justice passed against the task force, the President and also to the people of Kenya that are keen on witnessing the implementation of BBI.

They will continue quoting the 2010 constitution forgetting that the same was written in a hurry by men some dead, while others still alive and it’s not perfect as assumed. It had many legal gaps and legislative omissions and  therefore, with so many errors that need to be ratified, at times you allow benefits of doubts to let a simple unclear interpretation in the constitution to be overlooked.

We do hope that the court of appeal will reverse the judgement and allow the BBI process to continue and this time with a provision of the learned friend going public when they see the process drifting  away from the defective constitution they so much worship.

Arch Dr Isaac Kinungi

For The Diaspora Times. Global e-paper

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