In Kenya, less than a year before the presidential election, the Court of Appeal on Friday confirmed that the constitutional review process was illegal. This reform “Building Bridge Initiative” was initiated by President Kenyatta in November 2019, with, according to him, the goal of curbing the current presidential system for “the winner takes it all” and which would be the starting point for the conflicts after the election.
“The president does not have the power (…) to initiate amendments to the constitution,” the president of the court concluded after ten hours of reading. A constitutional amendment can only be initiated by parliament or by popular initiatives, he specified. In addition to criticizing the reform proposal, the seven judges considered that President Kenyatta could be subject to civil proceedings for initiating this process.
Uhuru Kenyatta cannot run for a third term in the August 2022 election, and his critics believe the reform was aimed at keeping him in power as prime minister. A continuation in favor of a possible arrangement with the one who was his main opponent Raila Odinga.
This decision establishes independence from judicial institutions according to some observers. “We are a people engaged in a healthy debate to make our country better,” the former Kenyan vice president tweeted.
This is not the first time the court has made a remarkable decision. In September 2017, the results of the presidential election were annulled. A first on the continent.
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