The reforms would have been the most significant change to Kenya’s political system since the country adopted a new constitution in 2010.
Kenya’s highest court has ruled that controversial constitutional amendments proposed by President Uhuru Kenyatta and his allies ahead of crucial elections in August are unconstitutional.
However, the court’s decision on Thursday left open the possibility of the reforms, known colloquially as the Building Bridges Initiative (BBI), being submitted again by parliament or through other means, as long as the president was not involved in the changes.
“The 2020 Constitution Amendment Bill is unconstitutional,” the Supreme Court ruled unanimously, bringing an end to a nearly two-year legal battle over the proposals.
“Article 257 of the Constitution prohibits the president from initiating constitutional amendments or changes through popular initiative.”
The decision was made by a seven-judge Supreme Court panel led by Martha Koome, the country’s first female chief justice. The proposals were also rejected by the High Court and Court of Appeal last year, which said Kenyatta could be sued in civil court for initiating the process.
The president argued that the initiative – a contentious issue that has divided the political elite – would make politics more inclusive and help to end the East African nation’s repeated cycles of election violence.
Detractors of the BBI, including Kenyatta’s estranged deputy William Ruto, see it as nothing more than a naked grab for power by a two-term president who cannot run for re-election a third time.
The timing of the reforms has fueled speculation in recent years that Kenyatta is attempting to maintain power by incorporating the post of prime minister into the BBI.
Ruto, 54, was initially appointed as Kenyatta’s successor but was marginalized following a surprise 2018 pact between the president and his former foe Raila Odinga, who have a long history of voting against each other.
The duo’s tenacious pursuit of the BBI since 2018 has fueled speculation that Kenyatta may take over as prime minister in a power-sharing arrangement if Odinga, 77, wins the presidency.
Kenyatta, 60, endorsed Odinga earlier this month, who will compete with Ruto for the country’s top job.
Analysts believe that Thursday’s court decision will shake up political alliances among smaller parties, which are weighing their options ahead of presidential and parliamentary elections in less than four months.
New alliances are already being formed in order to divide the spoils come election time.
Source: AFP
