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The decision by the seven judges of the Supreme Court will go a long way in shaping the future of the country as far as constitutional Amendments.


The judges made it very clear that the creators of the 2010 constitution had a clear plan and idea of how they were going to protect the constitution from power-hungry leaders who will take every little opportunity to amend the Constitution to fit their desires. 


The past Constitution had been badly mutilated over the years to an extent that it lost its initial image. The initiators of the 2010 constitution were keen to avoid a similar problem and thus made it very difficult for evil-minded people to tamper with the constitution. 


The one thing that Kenyans had faith in as far as the constitution is concerned, is the basic structure doctrine that outlines that there are parts of the constitution that are unamendable. According to six judges who played down the doctrine, the Kenyan constitution cannot be subjected to a fourth path of amending the constitution. 


The High Court and Court of appeal had ruled that it will be upon the courts to determine which parts of the constitution cannot be amended on an issue-to-issue basis and not collectively. The Supreme Court on its part declared that the Basic Structure doctrine is not applicable in the Kenyan context because the constitution has its own internal security to prevent ill-timed amendments by opportunists. 


Lawyer Elias Mutuma has now explained why the Ruling At the High Court will make it difficult for both Raila and Ruto to try and resurrect BBI after elections.


According to Mutuma, the ruling means that the process will have to start Afresh which will be very difficult. He also noted the lack of motivation from both leaders if they manage to capture power. According to Mutuma, BBI was a tool to capture thus it will not make sense that Raila or Ruto will want to share the power they wanted to capture in the first place.


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