The choice has restricted President Uhuru Kenyatta’s capacity to forestall his estranged deputy from succeeding him subsequent yr.
Kenya’s Court docket of Enchantment has rejected a authorities bid to make basic modifications to the structure in a brand new blow to President Uhuru Kenyatta, who had initiated the controversial proposals.
On Friday, the courtroom upheld a Excessive Court docket decision in May that declared the proposed reforms unlawful on the premise that Kenyatta acted unconstitutionally, limiting his capacity to forestall his estranged deputy from succeeding him subsequent yr.
“The times of [an] unaccountable presidency are lengthy gone,” stated Patrick Kiage, one of many appellate judges, rejecting the federal government’s enchantment.
Kenyatta had argued that the initiative would make politics extra inclusive and assist finish repeated cycles of election violence within the East African nation, a hot-button concern that has divided the political elite.
Court docket President Daniel Musinga issued the judgment after greater than 10 hours of a televised session.
“The president doesn’t have authority underneath the structure to provoke modifications to the structure,” he stated.
“A constitutional modification can solely be initiated by parliament … or by way of a preferred initiative,” he stated, additionally saying that Kenyatta could possibly be sued in a civil courtroom for launching the method.
‘About politicians and their seek for energy’
The proposed amendments, popularly often known as the Constructing Bridges Initiative (BBI), would have been the most important change to governance since a brand new structure in 2010.
The BBI has served as a lightning rod for the rhetoric of politicians jostling forward of a basic election attributable to be held in August 2022. Kenyatta and Deputy President William Ruto have fallen out, and so they and their supporters are at odds over the proposals.
Kenyatta argued that the constitutional overhaul would promote power-sharing amongst competing ethnic teams and was not supposed to disclaim anybody the presidency.
The proposed amendments would have created 70 new constituencies and set up a number of highly effective new posts: a main minister, two deputies and an official chief of the parliamentary opposition.
Ruto’s Kalenjin ethnic group teamed up with Kenyatta’s Kikuyu within the final two elections to defeat former Prime Minister Raila Odinga from the Luo, one other giant ethnic group.
The amendments are partly designed to tame Ruto’s political ambitions to succeed Kenyatta by making it doable to weave an alliance towards him, in line with anti-graft campaigner John Githongo.
Ruto has been campaigning vigorously to inherit Kenyatta’s Kikuyu voting bloc within the central area – and a few there have embraced his message.
“We don’t need BBI … That is about politicians and their seek for energy,” stated Beatrice Kagure, a school pupil within the central city of Nyeri.
Friday’s ruling permits the electoral course of to observe its deliberate timetable – topic to any enchantment to the Supreme Court docket, the nation’s highest.
But it surely means the nation’s key political leaders might should rethink their methods to construct alliances earlier than the vote, analysts stated.
With its various inhabitants and huge ethnic voting blocs, Kenya has lengthy suffered politically motivated communal violence round election time, notably after a 2007 ballot, when greater than 1,100 individuals died.