Denis Young
Elder Lister
This not the first time I have heard this question asked and worse still, it is coming from proponents of the BBI ammendment bill.
It is starting to dawn on me everytime I listen to credible constitutional lawyers that this ammendment will not go to a referendum.
Why?
The president and Raila can in fact, legally or illegaly, decide that the changes i.e the executive, CS's and Judicial Ombudsman do not fundamentally alter the constitution.
We already know the National Assembly is beholden to the executive so you can simply forget intellectual debate there. The senate on the other hand is at least 50/50 since many senators have been kicked out of government for their support of Ruto. There you can expect the usual arrests and intimidation but it will pass regardless.
It will all come down to this.
1. Can the government influence a favorable final outcome at the ballot to create the image of a credible referendum?
2. If not, what is stopping Uhuru from assenting the bill into law?
Remember the only recourse would be the courts but by the time we even get a ruling, we will already have an imperial president, flanked by his prime minister and two deputies.
The president will for example be able to increase term limits allowing him to vie yet again.
That is when you will understand why the likes of Murathe and Atwoli have been saying that Uhuru is too young to retire.
When Uhuru also says that hataachia mwizi, remember even thieves also lock their doors.
It is starting to dawn on me everytime I listen to credible constitutional lawyers that this ammendment will not go to a referendum.
Why?
The president and Raila can in fact, legally or illegaly, decide that the changes i.e the executive, CS's and Judicial Ombudsman do not fundamentally alter the constitution.
We already know the National Assembly is beholden to the executive so you can simply forget intellectual debate there. The senate on the other hand is at least 50/50 since many senators have been kicked out of government for their support of Ruto. There you can expect the usual arrests and intimidation but it will pass regardless.
It will all come down to this.
1. Can the government influence a favorable final outcome at the ballot to create the image of a credible referendum?
2. If not, what is stopping Uhuru from assenting the bill into law?
Remember the only recourse would be the courts but by the time we even get a ruling, we will already have an imperial president, flanked by his prime minister and two deputies.
The president will for example be able to increase term limits allowing him to vie yet again.
That is when you will understand why the likes of Murathe and Atwoli have been saying that Uhuru is too young to retire.
When Uhuru also says that hataachia mwizi, remember even thieves also lock their doors.
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