Senior Counsel James Orengo has slammed the five judge bench that declared the Building Bridges Initiative unconstitutional saying the judges did not apply basic structure and law before making the ruling.
In his submission Orengo says that the judgment on BBI was done without considering the history of constitutional amendments arguing that the president had a right to initiate the BBI process.
“One question was not answered in article one of our constitution … the manner in which the sovereign power was dealt with in this matter was not inclusive,” Orengo said.
“BBI was to create peace and good governance and that is the role of the president adding that even judicial power is donated and the president has the power to initiate the BBI process,’’ he added.
The seven judge bench is led by Court of Appeal president Daniel Masinga.
The hearings proceed to tomorrow.