Mr Black
Elder Lister
It's got to do with who has the "law making delegation". In my opinion, legislative, executive and judicial branches hold law making powers in that order. I believe in representative democracy. People who make decisions about my life (political) should be elected. That's why my legislative and executive representatives must be elected.
We do not elect judges and magistrates. Why should have a bigger say on law making process? Who elected them? Let me give you an example. I believe a woman should have a choice to carry her pregnancy to term. I believe that adults should have the freedom to alter their bodies in any way they want without coercion! But I don't impose them on anyone.
You seem to think the 5 judges relied on their own laws, no, they cited the Constitution, the laws of Kenya and principles and practice adopted all over the world.
Read the judgement, you will find that the BBI was the product of seriously terrible judgement calls.