By Lumatete Muchai
Let those celebrating yesterday’s High Court ruling, pause and think. BBI, was and still is a political process and it will remain as such. If you are desirous of having a constitutional process, kindly initiate one and see it through. Anyway, back to the subject at hand. The ruling by the Five Judge High Court bench is a temporary setback. In matters politics, nothing is impossible, nothing is beyond reach.
Circumstances, conditions, even the weather determines the happenings and the results. The weather can also be organized. Fortunately for the political class, we have the appellate hierarchy and system. The court of Appeal will grant a stay of the High court order that is a high sounding Judgment that is nothing more than a misplaced hyperbole.
The Kenyan nation and the inherent peaceable existence of the citizenry is more important than the misguided philosophical and egoistic underpinnings of individual Judges. Kenya must thrive. BBI is a revelation of our times, a prophecy whose time has come.
Inevitably, the petitioners, respondents in the Court of Appeal will be dissatisfied with the stay, they will rush to the Supreme Court for a stay order . Painful but true, the Supreme Court will decline a stay of the court of Appeal order. It will allow the referendum to go on. The hearing in the Supreme Court will be slated for sometime in 2023 or even 2024 due to pressure of work , long after the 2022 elections. It will be ruled then , that the matter has been overtaken by events. There will be a new administration in place, a new President.
Parties will be advised to withdraw the case or in the alternative challenge the unconstitutionality of the constitutional amendments by way of a constitutional petition afresh, in a separate suit. Many of today’s challengers will be either dead or will have lost interest. It will take another seventy years for a new challenge.
BBI is the devil we shall deal with in our time, we shall not be able to tame it. Long live the world of politics. This is politics as I understand it, real politic. If you are against BBI, please go back to the drawing board, your celebration is short lived, because government must govern. Government has no blood flowing in its veins, it has no veins, it has no feelings, it doesn’t feel pain,but it has eyes and ears. It has perpetual succession, there will never be a vacuum. Good night. This is the beginning of a very long battle.