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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, whether empires or kingdoms on one side or states as derived from Westphalian logic, the issue of ‘eternity’ or ‘basic structure’ is relative. In general, empires are not eternal and can expand at the expense of others or contract by shedding off imperial baggage. The state, however, has a perpetual element in it that includes limited ‘sovereignty’ as accepted by the neighbours a

United kingdomMwai kibakiYash pal ghaiJoseph chamberlainJaramogi oginga odingaOrange democratic movementHigh courtBanana referendumOrange democraticAmendment billConstitution amendmentஒன்றுபட்டது கிஂக்டம்யஷ் நண்பா காய்ஜோசப் சேம்பர்லைன்ஆரஞ்சு ஜனநாயக இயக்கம்உயர் நீதிமன்றம்