The radical ruling by a five-judge bench of the High Court could have safeguarded the independence of the Judiciary from the jaws of the Executive. Critics of the BBI-driven Constitution of Kenya (Amendment) Bill, 2020 argue the proposal for a judiciary Ombudsman appointed by the President could have placed the Judiciary at the whims of the Executive. The High Court on Thursday declared the entire BBI process unconstitutional, null and void. Critics say this will comprise the independence of the Judiciary and return the country to the days when the courts were controlled by the Executive. Lawyer Danstan Omari said the nullification of the entire BBI process ‘stopped the encroachment’ of the independence of the Judiciary.

Source: The Star May 15, 2021 14:38 UTC