On February 12, 2021, Governor Lee Kinyanjui was in Mombasa County with Kakamega Senator Cleophas Malala. The visit came just days after a five-judge bench ruled the Building Bridges Initiative (BBI) as null and void.
According to Governor Kinyanjui, the ruling was one of the obstacles confronting the Constitution of Kenya Amendment Bill of 2020. He described the ruling as a challenge to the journey of constitutional changes.
"In the spirit of our Constitution, we respect the High Court ruling. Let us respect the right to disagree, and that is democracy. The journey to constitutional changes is full of obstacles and this is one of them," said Governor Kinyanjui.
Despite the ruling, Governor Kinyanjui urged the BBI team to file an appeal. He claimed that the judges failed to consider key defence evidence against eight consolidated petitions that challenged the BBI process.
"We feel key matters raised by the BBI team have not been sufficiently prosecuted and therefore the need for immediate appeal to the decision," said Governor Kinyanjui.
Not everyone agrees with Governor Kinyanjui's stance. Nakuru Town West MP Samuel Arama, who voted for the Bill when parliament passed the proposed law, believes the judges made a ruling in total disregard of the number of Kenyans who already endorsed the planned changes.
"The judges made a ruling that mirrors a political decision. I believe the judges made the decision because the President rejected their appointment to various courts. They dwelt more on the President as a person instead of the facts before them," said MP Arama.
Naivasha MP Jayne Kihara, who voted against the Bill, welcomed the ruling. She said that the Judiciary had stood firm against the mutilation of the constitution.
"Justice has been served to Kenyans whose money would have been used in a fraudulent referendum. The Bill was being forced on Kenyans and the court has come to their rescue," said MP Kihara.
Lawyer Kipkoech Ngetich also welcomed the ruling. He said a higher court should uphold the ruling by the High Court.
"The High Court judges resuscitated the sovereign and constituent power. The Court of Appeal and the Supreme Court have a rare opportunity to tinker with our Constitutional history and speak to political bullies. I stand with the judiciary," said Lawyer Ngetich.
