New administration under Samia Suluhu gives hope after 5 years of hopelessness

[Rutashubanyuma]

BBI decision will be delivered TODAY

 

[Rutashubanyuma]

We have already projected BBI will be thrown out because it is unconstitutional

 

[Rutashubanyuma]

BBI was an effort to entrench the status quo in Kenya political terrain in a form of political dynasties

 

[Rutashubanyuma]

BBI decision is being read out by individual judges of Court of Appeal

 

[Rutashubanyuma]

From the ruling of the Appeal Court of Kenya of the constitutionality of the BBI has huge implications to the draft constitution of Tanzania now awaiting referendum

 

[Rutashubanyuma]

Heavily borrowing from South Africa Court, the Appeal Court of Kenya held that where an ammendment procedure is set out in the constitution therefore as day follows night the constitution cannot be amended by any other way.

You all know our constitution ammendment law offended articles of ammendment of the constitution.

So that law was unconstitutional rendering the whole process unconstitutional

 

[Rutashubanyuma]

The Kenyan Court says the decision of Tanzania Court of Appeal that Tanzania Constitution has no basic structure is bad law!

 

[Rutashubanyuma]

The basic structure in the constitution is inherently embedded in the constitution and does not need parliamentary promulgation

 

[Rutashubanyuma]

The Kenyan Court held the IEBC lacked quorum and hence had no jurisdiction to verify signatures nor to do anything to advance the interests of the enactment of BBI in the constitution of Kenya

 

[Rutashubanyuma]

The Kenyan Court held the quorum of IEBC must be more than a half but at the time the IEBC was advancing the interests of the BBI it had 3 commissioners out of maximum 7.

 

[Rutashubanyuma]

The Kenyan Court held the quorum of the IEBC reflects one third gender requirement which may be compromised when the requirement of quorum is violated.

 

[Rutashubanyuma]

The Court held also tampering with the IEBC quorum may catalyze appointments authorities to either procrastinate, prevaricate or completely derelict their constitutional duty weakening or diluting the legitimacy of the IEBC to perform their constitutional duties.

 

[Rutashubanyuma]

The Court held the president had no power to form a BBI steering Committee and that offended the constitution

 

[Rutashubanyuma]

The BBI steering Committee was an executive initiative not a Wanjiku one.

The steering & Task Committees were legal entities under Kenyan law

 

[Rutashubanyuma]

Clearly, the Warioba commission was unconstitutional

 

[Rutashubanyuma]

The Court held the president of Kenya holds no power to initiate a popular constitution reforms under the Kenyan constitution

 

[Rutashubanyuma]

One dissenting Judge holds so long as the constitution permits three commissioners to run the IEBC it is improper to ask the IEBC to be quorate.

Hence, certification of signatures by the IEBC was not illegal solely based on lack of quorum.

Our position

We disagree with her finding because the lowest number of quorum is for minor issues but fundamental matters at least 5 commissioners should be available to manage the general elections and constitutional reforms

 

[Rutashubanyuma]

Certification of signatures

Removed duplicated signatures, those without national identity cards,

IEBC has no repository of signatures and asking it to conduct forensic verification of signatures was tantamount of crippling of the IEBC from carrying their responsibility.

It has no such capacity to do that.

 

[Rutashubanyuma]

A dissenting Judge holds the BBI was not an encroachment of the IEBC

Our position.

We find this finding quite shocking

 

[Rutashubanyuma]

A dissenting Judge argues the end justifies the means.

Our position

We are in vehement disagreement. The court power in judicial review is not to investigate the merits of a decision itself but it is an inquisition of the decision making process.