May 18, 2022

BBI is unconstitutional -Supreme Court

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SUPREME COURT has ruled that the BBI amendment bill was unconstitutional.
Six of seven judges ruled that the President can not lead a popular initiative to amend the Constitution.
Only Justice Njoki Ndung’u supported the bill.
“The high court and Supreme failed to put into account that the president is democratically elected and can represent the people. So the President can initiate Amendments through popular initiative,” Njoki said.
Other judges said that a popular initiative should not be started by the president. They added that the basic structure is not applicable in Kenya.
“The President is not permitted to initiate constitutional amendment through popular initiative,” Justice Martha Koome said.
“The Basic Structure Doctrine is not applicable in Kenya. In order to amend the Constitution of Kenya 2010, the four sequential steps are not necessary.”
They also dismissed the BBI proposal to have more constituencies saying that it was the duty of the IEBC.
They said that civil proceedings cannot be instituted against the President during his tenure
” There was reasonable public participation on the BBI bill, save for schedule 2 of the bill,” Judge Isaac Lenaola said.

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