Currently,the President of the Court of Appeal is reading the ruling of the Court of Appeal on BBI.
According to Judge Musinga, transparency in the BBI case required that civic education properly be done. He added that public participation is part of Kenya’s Constitution.
He also said ammendment of the Constitution must include public participation.
Daniel added the fact that the proposed Judiciary Ombudsman shall be an appointee of the President, it entrenches Executive control in the Judicial Service Commission and by extension in the Judiciary.
Justice Daniel Musinga further ruled there can be no dispute that the President was the Initiator of BBI having established and gazetted the BBI task-force and steering committee.
He added he is in agreement with High Court findings that the amendment bill was an initiative of the President Uhuru Kenyatta.
He also added that the some counties fastly passed BBI without following the law like puplic participation,which forms part of the constitutional process.
At the court of appeals, each judge is expected to read the BBI judgment. During the ongoing BBI appeal ruling, Justice Gatembu Kairu stated nine essential factors when reading his ruling.
Uhuru and Raila have received bad news from Justice Gatembu. As the head of state, he said that the president had no authority to initiate a constitutional change process through a popular initiative.
According to Justice Gatembu Kairu, the head of state does not fall under the category of the “general public” and hence cannot undertake a constitutional reform.
According to Justice Gatembu Kairu, constitutional provisions can be modified without rewriting the entire constitution.