This archive report was first published on 29 June 2021.
On June 29, 2021, Senior Counsel James Orengo expressed his disappointment with the five-judge bench that declared the Building Bridges Initiative unconstitutional, saying they did not apply basic structure and law before making the ruling.
According to Orengo, the judgment on BBI was done without considering the history of constitutional amendments, which he argued gave the president the right to initiate the BBI process.
"One question was not answered in article one of our constitution … the manner in which the sovereign power was dealt with in this matter was not inclusive," Orengo said.
He added that the BBI was intended to create peace and good governance, and that the president has the power to initiate the BBI process, just like the judicial power is donated.
The seven-judge bench, led by Court of Appeal president Daniel Masinga, will continue its hearings on the matter tomorrow.
