Prof. Tom Ojienda: BBI should be brought back during Raila’s presidency

Senior Counsel Tom Ojienda now says that the Supreme Court ruling on Thursday which declared the Building Bridges Initiative unconstitutional (BBI) was a doorway for the restructuring of the process in the next government.

Ojienda believes that the ruling, which he terms as sober, was timely in paving way for amending the constitution if the proponents of the bill, especially Raila Odinga, ascend to power come the August 9 elections.

He added: “The Supreme Court has really done a good job for this country because we can now move forward with a clean slate; we can now amend our constitution and define our destiny.”

The former LSK President argues that the ruling on the four basic structures would be amended afresh by the next government while incorporating compliance with the constitution according to the judge's findings on Thursday.

“The judges also removed Kenyans from the 4-stage requirement, meaning that the whole process will be commenced afresh with gusto. It is time for parliamentary and those who will be elected to reinvent the will of the constitutional reforms and to ensure this time around they get it right,” he stated.

"The finding of the court on the basing structure sanctifies this process on the part of the president; simply remove the president out of the equation then follow the process.”

 The lawyer who is also eyeing the Kisumu Senatorial seat went forth to opine that proponents of the initiative should reinstate the bill after Odinga succeeds President Kenyatta as the fifth president since BBI was meant for the good of Kenyans.

“Now that the route has been cleared, the BBI bill should be the first business of the next government. During Raila Odinga’s Presidency, the BBI should be brought back and amended for the benefit of the people of Kenya,” Ojienda said.

Homabay MP Opondo Kaluma who was also on the platform echoed Ojienda’s sentiments saying that the amendment would be reinstated if Odinga managed to clinch the presidency in August.

While referring to a quote by Shakespear, 'a rose by any name would still smell as sweet', Opondo said “Going into the next elections, Raila wins, BBI will come back as BBI or any other thing but will still smell sweet for those good things we intended to give Kenyans.”

“I believe that if the BBI constitutional amendment is enacted in the first 100 days of Raila Odinga’s Presidency, it will be implemented immediately.”

In regard to Kenya Kwanza's criticisms of the process, Opondo hit out at the ANC party leader Musalia Mudavadi accusing him of ignorance of the whole process.

He consequently criticized Mudavadi for being double-minded saying that he was a key advocator and supporter of the initiative.

“Mudavadi is a land economist, I would advise he gets good lawyers and gets politics out of his mind because I see him be playing politics with something he has not understood…Mudavadi was a proponent of the BBI, and Kenyans including himself should be held to account.” Kaluma noted.