In his submissions at the Court of Appeal, LSK President Nelson Havi states that the BBI Bill is intended to destroy the basic structure of the 2010 Constitution.
“On the 27th of August 2010, the people of Kenya promulgated a constitution. It was a perfect charter that defined the system of government. It created a pure presidential system with one Executive, a minimum of 14 and a maximum of 22 Cabinet Secretaries,” says Mr. Havi.
Nelson Havi: The president, if he wants to engage in affairs of lesser mortals must abdicate. The president is not a mere mortal, but a superior. The president cannot make a direct appeal to the people & join them in petitioning Parliament #BBIAppeal pic.twitter.com/8FK5JaNATt
— Citizen TV Kenya (@citizentvkenya) July 1, 2021
According to the LSK boss, the constitution is supposed to be a permanent structure to endure for ages to come and not to be lightly altered to meet the temporary experience of political parties.
“The 2010 Constitution created a Parliament of 290 constituencies. It also created a Judiciary that is independent and accountable. There are people who have found fault in that constitution. They have proposed a total of 74 amendments,” he says.
Appearing on behalf of David Ndii and Jerotich Seei, Mr. Havi asserts that the BBi Bill will create an impure, hybrid Presidential and Parliamentary system.
Faulting the Executive for initiating the BBi process, Havi says that the President, if he wants to engage in affairs of lesser mortals must abdicate.
“The president is not a mere mortal, but a superior. The president cannot make a direct appeal to the people and join them in petitioning Parliament.
— NTV Kenya (@ntvkenya) July 1, 2021
In his submissions, Havi likened the BBI process to what happened with the Independence Constitution, which he says was not an amendment but a repeal.
“I plead with you to dismiss the four appeals and affirm the decision made by the High Court. You owe this to the people of Kenya,” Mr. Havi told the 7 judge bench.