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“Its About Numbers Not the Promoter!”~Justice Njoki Ndungu’s Ruling Caused Uproar

Justice Njoki Ndung’u has ruled that the President enjoys all rights and he is a citizen like all others and he could also initiate a popular initiative.

“No law limits his rights including political rights like initiating constitutional change. Giving him office does not muzzle his rights. All Kenyans are equal,” she said on Thursday.

Judge Njoki also held that the basic structure doctrine has only been accepted in a few countries and has not ascended to a norm of international general application.

She further said that the constituent power cannot be governed by the Constitution. Four sequential steps are not mandatory unless outlined in a law.

“The popular initiative is about numbers, 1 million signatures, half the county assemblies, two-thirds in parliament, and a simple majority in the referendum.

“It is the numbers that count,” she ruled.

“We don’t need to worry about the President overstepping. Both Kenyatta and Moi were members of Parliament and used that to amend the Constitution repeatedly.

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