BBI Flops As Five Supreme Court Judges Declares it Unconstitutional

The Building Bridges Initiative Constitutional Amendment Bill of 2021 is unconstitutional.

Chief Justice Martha Koome, Justice William Ouko, Justice Isaac Lenaola, Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala, and Smokin Wanjala gave their rulings on Thursday.

“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,” Koome said.

Six out seven judges ruled that the President cannot lead a popul​ar initiative to amend the Constitution.

Three judges held that President Uhuru Kenyatta was a promoter of the BBI proposed amendments. Two judges said President Kenyatta was not involved. two judges abstained from that vote.

Read: President Uhuru Can Be Sued – Activist Aluochier Argues in BBI Appeal Hearing

BBI at Supreme Court: Final judgment

1. Basic Structure is not applicable in Kenya. 
2. President cannot initiate amendment through Popular Initiative – President Kenyatta initiated the BBI. Consequently under 257, BBI is unconstitutional. 
3. Creation of 70 constituencies is unconstitutional for want of public participation.
4. Civil proceedings cannot be initiated against the President.
5. No obligation on IEBC to ensure promoters of BBI complied with requirements for public participation. There was public participation on BBI.
6. IEBC had quorum.
7. Issue of multiple question was not ripe for determination.
8. Each party to bear own costs of suit.