Biologically: The Infertility of The Handshake’s BBI and 2022 Government Aspiration.

 

Biologically in animals, a male and female of the same genetic family, genus and species can reproduce and give birth to a viable offspring but a male and female of the same family and genus but of different species can reproduce but give birth to an unviable offspring. ‘Viable’ is defined biologically as “able to reproduce a fertile young one/offspring” while ‘unviable’ means “unable to reproduce a fertile offspring/young one.” Unviable generally means barren/sterile/impotent. If we take “The Handshake” between the president (government) and ODM leader (opposition) to be the parents of the Building Bridges Initiative; we can attempt to explain the fate of BBI and the 2022 presidential outcome for The Handshake partners from a genetic approach. In this case, “The Handshake” parents are members of the genus (politics) but of different species (government; opposition). BBI is thus the firstborn and the 2022 Presidential Win second born political offspring of the government and opposition (The Handshake) political marriage. Scientists bred a horse and a donkey when long distance traders of the past used animal transport and wanted to have their merchandises bigger and delivered faster. A mule was born. Horses, donkeys and zebras belong to the same family (Equidae), same genus (Equus) but different species.  A mule has resemblance to both a horse and a donkey. It is faster than a donkey and carries a heavier load for a longer distance than a horse but it is sterile/barren/infertile and dies without reproducing a young one. Now, the opposition is the political party opposed to the party or government in power. It attains the position because it was unable to win in the race for power (majority elected leadership) against the ruling party/government. Donkeys are slow and horses are fast. Let’s take the opposition as our ‘donkey;’ the Jubilee government as our ‘horse;’ and BBI and 2022 Presidential Win as our ‘mules.’ H.E. Uhuru’s government wanted a “peaceful time to actualise his development legacy” which was not possible due to progressive chaotic demonstrations against his government and even a ‘People’s President’ swearing in of the opposition leader Hon. Raila Odinga. His closest confidants often say he’s too young to retire. Hon. Raila Odinga, then the “People’s President’s,” and his demonstrating NASA supporters were in constant insecurity danger and he thought if he approached the president, the chaotic demonstrations would cease, the retiring president would have time, space and energy to focus on his legacy while Odinga’s 2022 presidential aspiration whould be thrived by their union (The Handshake). Their union gave birth to BBI which projected to amend the constitution to primarily create more government executive positions (adding the prime minister and two deputy P.Ms positions); a power sharing formula for the multiethnic Kenya; add 70 more constituencies; increase budget allocation from 15% to 35% to county governments among other recommendations. The BBI report presidential taskforce was conceived in a National Prayer Breakfast and dedicated by prayerful “persons of God;” died of a very unethical and immoral legal disease in the Court of Appeal full of “persons of the bar.”  Very ironical! Isn’t it? The BBI was born and dedicated in 31st May 2018 during the National Prayer Breakfast at Safari park Hotel, Nairobi; baptized “Reggae” at the Bomas of Kenya in 26th October 2019. It was the firstborn of the “Handshake” political marriage between the president and leader of opposition. Finally, it painfully shook its falling fake rasta as it whisperingly sang its last “nobody can stop re…” in 20th August 21, 2021; when the Kenyan appellate court judges conducted it’s immature legal death announcement after succumbing to “illegal disease.” Now, the 2022 aspiration for Hon. Raila Odinga’s presidency and as widely spread, the notion of “President Uhuru is too young to retire in politics” is the second born mule that will surely die childless like the BBI died in the appellate court. Taking that the president will retire politically as he has oftenly said, Hon Raila Odinga should reshuffle his political cards and reinvent new moves, even his current favourite political casino to deliver a viable 2022 presidency child. The Handshake’s babies are a mule. Written by Gitau wa Kung’u. profgitauwakung'u@gmail.com (The Editor; The Legacy Media,Moi University, blogger, strategist, poet, youth activist)

The Most Hilarious Appellate Judges’ Thunderclaps That Stopped BBI “Reggae.”

Written by Gitau wa Kung’u.

"The constitution is constitutionally constituted to constitute a constituent of a constitutionalism," Justice Patrick Kiage. 

These among other heavily didactic legal and literary wordsmiths eloquence literally and finally stopped the “Building Bridges Initiave (BBI) reggae” in the Kenyan appellate court. 

The Court of Appeal’s seven bench jury delivered the much anticipated ruling: BBI IS UNCONSTITUTIONAL, NULL AND VOID! The seven judges are Justice Musinga, Rosylene Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale, Francis Tuiyott.

The High Court nullification of the BBI initiative’s appellant legal team led by senior counsels Fred Ngatia and James Orengo had moved to the appellate court in a bid to revert the High court’s verdict to halt the BBI process.

The jury harshly and blatantly condemned the president, “Mr. Uhuru Muigai Kenyatta,” a virtual constitutional criminal who willfully violated his oath to defend the constitution and thus not fit to hold office and can be sued and removed from office.

Kenyans irresistibly stayed eye and ear open following the ruling’s progress from TV and radio channels and their fingers barely detached from their keyboards, expressing their multitudinous opinions on social media platforms. Finally, the evening was awash with celebration, mockery, lamentations and regrets.

Justice Kiage ruled out boldly without fear or favour: “They were effectively dismembering the constitution, blasting so huge a hole in it as to pulverize, and essentially create a new Constitutional order.” 

He added, “Provided the amendments proposed do not amount to dismemberment or abrogation, they are permissible. But even then, such amendment must be done in accordance with article 257.”

"Any adverse orders made against the president in his personal capacity would be open to setting aside ex debito justitiae."

 “The steering committee was a government project. They were prominent personalities joined together by presidential fiat; they had no mind or idea of their own to initiate but were instead tasked to identify constitutional, among other changes.” Justice Kiage added.

Justice Musinga’s thunderclap: “Having the provisions that have been referred to as unamendable, immutable, unchangeable, unalterable, irrevocable eternity clauses ‘serve as a mechanism for limiting amendment power but they do not and cannot limit the primary constituent power of the people, however, I do not think that the alteration of the basic structure must be undertaken through the repeal of the constitution and the promulgation of another.” 

 Justice Tuiyot ruled: “Unless otherwise expressed by a constitution, an amendment entails a minor revision, alteration or addition, but which nevertheless does not destroy the constitution being amended. It does not extend to abrogation, complete re-peal or replacement…”

Justice Okwengu said: “An amendment is an alteration of the Constitution that is carried out within the confines of the existing Constitution. It alters the constitution in a way that does not radically change the nature of the constitution; which means, it must remain consistent with the object and purpose of the constitution. This is to be contrasted with change or remaking of the constitution which involves a complete review and, or, substitution of the former constitution which can only be done through the exercise of primary constituent power.” 

Justice Gatembu noted: “The proposals by Junet Mohamed and Dennis Waweru (BBI Secretariat Co-Chairs) would have been best channelled through a parliamentary process; this was not a Wanjiku process. The process leading up to the formulation of the Constitution of Kenya Amendment Bill, in my view, was largely driven by the Executive.”

Justice Sichale faulted her colleagues judgment. She said: “It was wrong for the High Court to proceed with the hearing and thereafter make adverse findings against H.E President Uhuru Kenyatta without ascertaining whether he had been served either with the petition and or the subsequent hearing notices.” 

She observed that verification of signatures does not require the IEBC to have a quorum. She added that a constitution must be flexible to allow for a country’s growth and development since “what is good for one generation may not necessarily be good for the next; present and future generations should not be ruled by the dead hand of their ancestors.” She is the only judge who ruled in favour of the appellants.

The judges were not oiling the wheel of courteous address as they ruled out that there was mad rush to pass the bill in most county governments to demonstrate party loyalty. That party loyalty, deconstructed all assemblies and the judiciary is not ready to lose its independence and mandate to uphold the sovereignty of the constitution to let the politicians rule Kenya like a forest.

The “fake BBI reggae” as deputy president Dr. Ruto has repeatedly said since the launching of the BBI initiative by the “handshake partners” indeed stopped. This verdict is a major haunting premonition for Hon. Raila Odinga’s 2022 presidential aspiration that is a seed of positive intuition to Dr. Ruto’s similar dream.

 “How Atwoli understands this message is none of my business!” P.K.

'Poem: Cause I Care For You

As 

We might not be talking much,

We might not be seeing much,

But still I feel you in between,

Coz I care for you dear.

Your smile melts my heart with joy, 

Your sweet smile vaporises my emotions into excitement,

 Your joyous smile fuels my mind with hope hormones,

Yes. Your nicely curved lips drowns my worries and anxieties,

Breaking my hard face into a joyous smile.

But we need to talk, 

Spring of my happiness,

Coz where smiles persist, 

Held tear dams deepen more.

Beyond our smiling faces, 

What worries, what anxieties hide beneath?

What unspoken insecurities threaten our hearts?

What tears threaten to burst,

Behind our so radiating eyes?

A plate of smiles shared together,

stops the grumbling in the abdomen,

But a cup of tears shared together,

Dries the pain inside altogether,

You and I share much of a feather, 

So let's share a meal together,

If with you it seems a thought better.

I care for you, flower always blossoms.

©️ Gîtaû wa Kûngû