I have been following with keen vested interest the legal and political storm raised by the High Court in the consolidated BBI rulings.
The question has been whether it is judicial vengeance and punishment against President Uhuru Kenyatta for his perceived transgressions against the Judiciary, or whether it is a cause celebre in the independence of the Judiciary, the rule of law, and judicial activism.
Put simply, are we judicialising a political process or are we politicising a judicial process?
As an Advocate of the High Court, I must say that I am impressed by the legal analysis and quality of the rulings especially on the procedural flaws identified therein.
On this narrow procedural terrain, I agree with the High Court.
But the law does not operate in a vacuum.
It should be a lever for moving our society forward.
It should no longer be a matter of commas and paragraphs. The High Court lost focus on the BBI’s big picture. We need to address our perennial cycles of electoral violence which has made democracy in Kenya a primitive, dangerous game.
We need to enhance inclusiveness and uplift the poor struggling Kenyans. We need the 35% promised by BBI to the Counties. We need to implement the two-thirds gender rule.
The judges are also our brothers and our sisters. They live in this Country.
Even as we celebrate them for their wisdom in legal technicalities, we expect them to be progressive and give judicial solutions to these contradictions.
It is my hope and prayer that as we go on appeal, the Court of Appeal will rise above narrow legal and procedural cobwebs, and consider BBI in its bro
ad canvas, in a jurisprudence to advance the fundamental interests of Kenyans.
Kiraitu Murungi is an Advocate of the High Court of Kenya and the Governor of Meru.