Appeals Court Upholds High Court Ruling Nullifying BBI Process

The Appeals Court has upheld a High Court ruling declaring the Building Bridges Initiative (BBI) constitutional review process null and void.

Justices Daniel Musinga, Gatembu Kairu, Hannah Okwengu, Roselyn Nambuye, Patrick Kiage, and Francis Tuiyott ruled in favor of the High Court’s judgment while Fatuma Sichale dissented.

“The whole process was null and void and in the end am happy we have kept the constitution sound and safe up and until this moment and may it remain as such,” Justice Kiage ruled.

A majority of the judges ruled that President cannot initiate constitutional change through popular initiative as he does not fall under the category of the general public.

All except judge Tuiyott also agreed that civil proceedings can be instituted against the President.

The judges further ruled that the Constitution of Kenya has a basic structure that should be protected. 

The judges, who were responding to 21 points raised by the High Court when it nullified the BBI process in May, disagreed with the lower court that President Kenyatta contravened Chapter Six of the Constitution.

In a statement, ODM leader Raila Odinga accepted the verdict, saying it forms part of the continuing conversation on the future of the country and the significance of the Constitution to the political culture.
 
“It is likely that this is not the end of the conversation and the parties involved will each make their own decisions on how to proceed from the decision that has been delivered today,” Odinga said.

He added: “For us, as we have stated before, we shall engage only to the extent that circumstances will require. But we feel that we have to move on.”

He stated that the BBI “was never a destination but a journey in an ever-evolving way of life.”

“Without doubt, we shall deal with all the issues in the months and years that will unfold onwards."