Former Attorney General Prof Githu Muigai has described the anti-BBI judgment as recipe for chaos that can lead to an insurrection and eventual over-throw of the Constitution.
Githu said the finding by the five-judge bench that there are eternal clauses in the constitution that could not be changed and which they did not name was the perfect recipe for chaos.
He said it was also wrong for the judges to imply that Kenyans cannot be trusted to change the constitution which they made themselves.
Githu who is representing the Independent Electoral and Boundaries Commission (IEBC) said the ruling cannot be allowed to stand because it violates many tenets and was creating judicial chaos.
“The judgement cannot be allowed to stand because it violates many tenets. It would be recipe for chaos. We are told that there are sections of constitution that we cannot change. Nobody knows them, the court does not know them. It invites insurrection,’’ said Prof Githu
A five-judge bench had ruled that the Building Bridges Initiative (BBI) was illegal, null and void and also said that the IEBC was not properly constituted as it lacked the quorum to run its affairs including the proposed referendum.
A seven-judge appeal bench is hearing the petition to by the parties aggrieved by the judgment among the IEBC and the BBI Secretariat.
Githu submitted that the five judges depended on a dead law that had been declared unconstitutional to conclude that the IEBC lacked quorum.
He said the judges should also have allowed the BBI process to proceed using the avoidance principal and wait for any petition that would be filed later.
And on a light note, Prof Githu Muigai said he was thrilled to be on the same case with Siaya Senator James Orengo for the first time in 20 years.