Final Blow as Supreme Court Declares BBI Bill Unconstitutional

The Supreme Court has upheld the decision of the Appeals Court that nullified the Constitutional Amendment Bill, 2020.
The apex court, in a majority judgment on Thursday, affirmed that the process to amend the constitution through the Building Bridges Initiative (BBI) was unprocedural.
Six out of the seven judges ruled that the President cannot initiate constitutional changes through the popular initiative route.
Three judges agreed that President Kenyatta was a promoter of the BBI proposed amendments, two ruled that he was not involved in the process while two judges abstained from that vote.
The seven-judge bench comprised Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and Justices Smokin Wanjala, Mohamed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
Koome, Ouko, Lenaola, Wanjala, and Mohamed declared that the popular initiative route is reserved for Wanjiku and not holders of the offices in the Executive or the Legislature.
“The popular initiative is supposed to be triggered from below; at the initiative of the citizenry, as opposed to representative institutions. A popular initiative is a means of direct democracy, and indeed, direct democracy can only be exercised by the people and not their representative,” said Koome.
A majority of the judges also found that the basic structure doctrine of the Constitution does not apply in Kenya.
The entire bench held that a sitting president is immune to civil litigation, with Justice Koome stating that the lower courts erred in finding that the president could be sued in civil disputes.
A majority of judges also found that the IEBC’s role was usurped and that the proponents of the BBI overstepped their mandate by creating 70 new constituencies.
On whether the IEBC was properly constituted during the verification of BBI signatures, six judges found that the electoral commission had a quorum to oversee the exercise. Justice Ibrahim differed.
The judges also ruled that IEBC had no mandate to ensure promoters of BBI complied with requirements for public participation. They found that there was public participation on BBI.
The judges held that the issue of multiple questions was not ripe for determination and ordered each party to bear own costs of suit.
Attorney-General Kihara Kariuki, the IEBC, President Kenyatta, and Raila Odinga had filed an appeal at the apex court after the Court of Appeal threw out the BBI push.
Comments
What a day for Kenya! That…
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What a day for Kenya! That there exists sane kenyans/patriots who can stop two mad people even when they thought they own the country. The arrogance/ egoistic/myopic/juvenile posture by two entitled people who thought they own the country have been given the best gift- a mirror to look at their naked selves and shower in shame. There is nothing wrong with changing the law- just follow the process. That parliaments/county assemblies could be paid to pass such an illegal process- that "learned" kenyans/lawyers/professionals could stoop so low as not raise a finger shows the danger we face as a nation. I am shocked too that a judge of the highest court- no matter the level of sycophancy/lack of ethical value can entertain the thought that a president/ (any) once elected "has mandate/ numbers" to change the constitution at will- using taxpayers money- buying anyone to cross over is beneath low! Why did we complain about the kanu era? Can anyone imagine what awaits kenyans should uhuru get his way come next election? The bbi group led by "his new man" would have just changed the law to anything they wish- saw how they changed the party coalition law in just "a day?" What a shame? No one no matter how entitled should treat kenyans like trash just because they can. Thanks to all those young/patriotic lawyers who had to endure seeing their "professors" spew garbage even they knew was a lie- all because of money. History will reward your courage and honesty. Again , change the constitution if you may but follow the law- arrogance has no value. The president should apologize to the people for taking them for a ride/ ignoring pleas even from his DP (HE HIRED GOONS TO HECKLE HIS OWN DP) at Bomas when the poor man just echoed what most of us knew- BBI was never about peace- peace is selfless / unconditional - turns out handshake was about transfer of hate by uhuru from one person/community to his dp/ his community and all those who elected him who dared see the con that was being cooked where they agreed to remove the dp and craft power sharing between "princes". Kuna Mungu binguni!- Now activate the new propaganda arsenal! Behold Kenya lives.
One last campaign BBN= BEBA…
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One last campaign BBN= BEBA BABA NYUMBANI
There is an outstanding…
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There is an outstanding issue on who is responsible for the Billions paid to the BBI team.
Great decision against the…
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Great decision against the Power Grabbers. We need to work on cleaning up the current constitution and not creating new documents that only serve the privileged few. The Diaspora needs to see changes to the current constitution. If you want to see that, follow link below and sign petition.
https://www.change.org/p/president-of-kenya-uhuru-kenyatta-the-speaker-…
"Final Blow as Supreme Court…
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"Final Blow as Supreme Court Declares BBI Bill Unconstitutional"
What a great day for kenya. At least we are heading in the right direction, JUDICIALLY.
Love him or hate him, RUTO spoke against it.
As KENYANS we should not let the chosen few and GOONS ,or DYNASTIES to DICTATE our national path.
The question is, ARE WE WILLING TO ELECT A STATE PROJECT and force BBI up our THROATS AGAIN?
It was a snake as Raila said…
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In reply to "Final Blow as Supreme Court… by Kora kanini (not verified)
It was a snake as Raila said it. I hate snakes and i hate that serpent the devil. Its a sign azimio will follow bbi to the grave
Comrade Go crypto, It's just…
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In reply to It was a snake as Raila said… by Go crypto (not verified)
Comrade Go crypto,
It's just that POLITICIANS have a tendency of forgetting real fast.
We CANNOT allow or AFFORD DYNASTIES or the chosen few to DICTATE what direction KENYA will take.
Watuachishe UJINGA.
Kenya is God's country!! Man…
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Kenya is God's country!! Man's law has failed.
More surprises on the way.
God's law to apply soon.
Time for separation,revelation and restoration.
" Ee mungu nguvu yetu"!!
RUBBISH
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RUBBISH
Do bongoinzi billionaire…
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Do bongoinzi billionaire Kenyans know that they take expensive loans to fund the 2010 poop katiba which only benefits the elite gangsters?The cost of living will keep on climbing high if Kenyans do not downsize the bloated govt.I heard kina Uhuru telling Mt Kenyans how their development cash will increase by increasing constituencies but he never told them the source was loans as companies are being closed on daily basis due to heavy taxation and corruption.Why don’t they increase the “money” and decrease the wards,constituencies,counties?Does a poor country like Kenya,whose only resources are CORRUPTION & LOANS TO LOOT need 2600 wards,500 constituencies,47 counties/states,48 governments,49 parliaments and 700+ ministries?RISASI TU.
What is next for Uhuru and…
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What is next for Uhuru and Raila? It will be interesting to see their next move after Raila is sworn in and says Tibim while taking us all to Canaan.
They will get as high as can…
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In reply to What is next for Uhuru and… by MakOnyango (not verified)
They will get as high as can be to delete bbi out of memory
They need to refund our…
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They need to refund our money they wasted on BBI.
Even though BBI was Uhuru’s…
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Even though BBI was Uhuru’s back door route to power it does not not make Ruto any less dangerous if anything better the angel you know than the devil you don’t.There are too many unexplained murders , land grabbing and overall corruption associated with this Ruto and his thieving ways will only get worse should he become President.
A win for the Kenyan People,…
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A win for the Kenyan People, The constitution and the Kenyan Judiciary. Wonderful.
Great day for Kenya. Someone…
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Great day for Kenya. Someone please make one of them goons pay back the billions so far wasted on this unconstitutional charade.
Laws that need to be amended can now be brought to parliament and senate for discussion and eventual passage.
Constituencies with high population to be split using the existing mechanisms.
Money to the counties can now be increased without having to spend 20 billion through the bogus BBI.
In fact BBI should be investigated as being one of the scandals and its owners need to be prosecuted.
The two corrupt dynastic duo…
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The two corrupt dynastic duo tyrants need to refund Wanjiku all the taxpayers billions with interest that was used in illegal machinations for the rubbish Burning Bridges Initiative garbage!
Wanjiku won, BIGLY!
NEXT: Chapter 6 of our New…
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NEXT:
Chapter 6 of our New Constitution should be applied across the board for anyone seeking public elective office during the forthcoming election. This should be implemented immediately.
Chapter six of the…
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In reply to NEXT: Chapter 6 of our New… by Imara Daima (not verified)
Chapter six of the constitution have always been in effect. People like Sonko , Baba Yao and many others are being curtailed by this section of the law for seeking public office. Law is law and does not rely on hearsay or allegations. You will be surprised that no one will pass muster for public office in Kenya if allegations were given credence!
Uhunye na his brathas Kizee…
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Uhunye na his brathas Kizee need to refund the money spent on this stupid bbi.My fellow Kenyans now in august let’s keep the two dynasties out for good in Kenyan politics.Only the handle left to send them straight home huslers wachukue pia wao wanjaribu kufufua uchumi.
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