This archive report was first published on 29 June 2021.
Siaya Senator James Orengo argued that the five-judge bench that declared the Building Bridges Initiative (BBI) as null and void was wrong even before they made the ruling. He stated that the judges misinterpreted the meaning of basic structure and sovereignty of the people.
Representing the BBI proponents in the Court of Appeal, Orengo stated that the judges - Justices Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita, and Teresia Matheka - were imagining that Kenyans were living outside the constitution and not guided by it.
He argued that the Constitution binds all persons, including President Uhuru Kenyatta, who had the right to initiate the popular initiative. Orengo explained that Kenyans, despite being sovereign, cannot disregard the Constitution but rather live under it.
He pointed out that the Constitution provides for the amendment of certain clauses, but not all. Orengo argued that the High Court had limited the Constitution such that some clauses were not amendable.
He defended Uhuru against the 5 High Court judges, stating that it is really painful at the end - every opportunity the people may have to amend the constitution as sovereign - even one step they cannot do it yet Parliament can do it anytime.
On Tuesday, June 29, 2021, Orengo made these arguments in the Court of Appeal proceedings.
