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."
Comments
BBI NI NYOKA LAKINI…
Permalink
BBI NI NYOKA LAKINI IMELUNDWIZWA PANGONI.
mungu Raila anawaalika…
Permalink
mungu Raila anawaalika wafuasi wake waeendee chombo muhimu cha KITANZI,yaani KAMBA ya NAILONII kule zokoni za Marigiti,Muthurwa,Kawangware na Kangemi.
The number of…
Permalink
The number of representatives should be cut by 3/4 starting with scrapping of senate,nominated seats,1/3 gender nonsense DGs and WRs.Why should additional money(if any) to the densily populated areas be tied to additional MPs?The other day savage Raila his presidential candidature depends on the outcome of BBI.I just wonder whether his followers will turn to the nylon ropes(for mass suicide) if he decides to let jambazi Wanjigi run for the presidency on the Damu/Kifo party ticket.
Congratulations you just…
Permalink
Congratulations you just saved Regular Kenyans from accumulating more debt in an election used to elect MPIGS who do nothing.It is every man or should I say politician for himself now .Uhuru go home “legal minds” have spoken for regular folk respect their decision.Now if only the ICC can relaunch their case against Ruto and haul his ass over to The Hague nothing like killing two birds with one stone.
The constitution should not…
Permalink
The constitution should not be played around with just because people having money and power want to change it no matter what good intentions they
Had. Had the people who wanted it amended been ordinary people then there should not have been an issue.
As Raila stated, to him- "…
Permalink
As Raila stated, to him- " BBI was a political journey not a destination". His quest for power has also been a "political journey" that does not have a destination. For 50 years he has been on a "political journey" he ( Raila) has never arrived to his destination. He does not know where his destination is and therefore he will never arrive. His journey continues to this day ......
Raila musee safari
Permalink
In reply to As Raila stated, to him- "… by Anonymous UI (not verified)
Raila musee safari
Nobody Can Stop Reggae...
Permalink
Nobody Can Stop Reggae...
BBI in a loser in all its…
Permalink
BBI in a loser in all its forms and formers.Vitu tu was all its agenda! Kenya need reformed minds the likes of which we haven't seen before.God help us!
Add new comment