In our context, it is the state - not the Constitution - that is eternal
OPINION Former President Mwai Kibaki at Uhuru Park, Nairobi during the promulgation of the new constitution. [Courtesy] The five High Court judges who ruled against the 2020 BBI Constitutional Amendment attracted attention partly because their ruling was more than a simple judgment on constitutional issues. Besides declaring the BBI unconstitutional, they raised issues that are relevant beyond Kenya. They stressed concepts such as ‘basic structure’ and ‘eternity’ clauses that are not specified in the Constitution, but are inherent in application. Depending on the geopolitical entity...