Supreme Court Puts A Stop To BBI

The Supreme Court has ruled that the Building Bridges Initiative (BBI) is unconstitutional.The Seven Judge Bench led by Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Justice William Ouko, Justice Isaac Lenaola, Justice Mohammed Ibrahim, Justice Njoki Ndung’u and Justice Smokin Wanjala final judgement was;

1. Basic Structure inapplicable in Kenya

2. President cannot initiate constitutional amendments and he did in fact initiate it. The Bill is therefore unconstitutional
3. 2nd schedule 70 Constituencies unconstitutional for lack of public participation
4. Civil proceedings can’t be instituted against the President
5. No obligation on IEBC to ensure Bill complied with public participation and there was public participation
6. IEBC had quorum
7. Each party bear all costs

ODM Leader Raila Odinga welcomed the verdict made by the Apex Court. In a statement Raila said that the verdict is empathetic that every state organ must always subject itself to the people of Kenya. “I wish to applaud the verdict of the Supreme Court today as a much desired reiteration of the sovereignty of the people of Kenya particularly in the back drop pf questions surrounding amendments to the constitution.” He said.

“I note that the BBI process has been upheld. What has been faulted is the role that the State is said to have played at the commencemet of the popular initiative.” He added.

BBI was a was a constitutional preview process  championed by President Uhuru Kenyatta and ODM boss Raila Odinga to ‘cure the country’s winner-takes-all syndrome’.