The BBI orphans are taking their debacle to the Court of Appeal. They have a right to do so. After all, those who have lost a beloved one spend a period of mourning before they accept the reality of death. BBI is as dead as a doornail. But let us allow the orphans and relatives of the departed one to mourn their way to court for the Constitution they attempted to amend illegally allows them this right. BBI has lost in the court of public opinion, and if they dare corrupt their way to a referendum, they can only face more humiliation by being outvoted.

The Communist Party of Kenya reaffirms that BBI is a fraud, as we have consistently said Mr. Uhuru Kenyatta must now come back to his sober senses and resign. He has failed to observe chapter six of the Constitution, and the Kenyan justice system has thwarted his attempt to interpret the Constitution to favour his billionaire class.

BBI is a political document to intensify the dictatorship of the rich; there is nothing for the Kenyan workers and the poor. Communist Party of Kenya joins the Kenyan people to welcome the court ruling to call BBI what it is- a product of fraud anchored on illegality.

CPK holds that the state has always been a machine of oppression of one class by another while the Constitution is part and parcel of its coercive instruments. In Kenya, a state is a machine of the neo-colonial capitalist class of exploiting and oppressing the class of the majority composed of workers, peasants, and the working class in general.

The Constitution is part of the coercive system of the state of performing a definite role for the exploiters and oppressors in this regard.

This ultimately means that it is the class that controls political and economic power that interprets and implements the Constitution to maintain and perpetuate its rule over other classes. Therefore, the working class and other popular forces must struggle to capture and control state power to create and impose its Constitution for its class interests and that of the poor, exploited, and oppressed.

In the meantime, it is essential to note that the 2010 constitution contains many progressive articles that could be utilized to enhance progressive reforms that could improve the welfare of the masses and even charter the road towards social progress and socialism.

That is why CPK joins those opposed to the reactionary BBI report being forced upon Kenyans by Uhuru Kenyatta, Raila Odinga, and their sycophants and collaborators. There is an urgent need to implement the progressive articles contained in the 2010 constitution before organizing its genuine and participatory review and amendment.