BBI Ruling: Official Thread

BBI Chieth itarudi ama itazikwa kwenye kaburi la sahau

  • Null and Void

  • Reggae continues

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Issue 3; creation of 70 new constituencies

'The second schedule in the BBI Bill is inconsistent with the Constitution'
Justice William Ouko
 
Ouko holds that the state was evidently involved. The President in fact commenced and spearheaded the BBI process although he was ineligible. President cannot act as Wanjiku the ordinary citizen.
 
The President cannot run with the hares and hunt with the hounds. Ouko affirms Court of Appeal on the point that the President's involvement invalidates the BBI process. The judge upholds Court of Appeal on issue 2.
 
On BBI Promoters: Suggestions that Waweru and Junet were the real BBI promoters was an inaccuracy, Ouko holds. The Secretariat's ancestry is traceable to the handshake it bore the BBI family surname.
 
Justice William Ouko: The President and Honorable Odinga intended to ease the seething tension in the country, and to realize this objective the two agreed to pursue a nine point agenda styled the BBI.
 
There is evidence of state involvement of the BBI process. The President spearheaded the process while he was ineligible to do so through the popular initiative, says Justice Ouko.
 
Judge Isaac Lenaola Findings in summary

1. Basic structure doctrine not applicable in Kenya. Hasn't gained global acceptance

2. The President cannot initiate a popular initiative, and in this case he did not initiate it.

3. Proposal on creation of 70 new constituencies was unconstitutional.

4. The President is immune from civil proceedings during his tenure.

5. There was reasonable public participation

6. IEBC was quorate and constituted to undertake it's functions.

7. On the matter of referendum question or questions, it is premature.

8. Each party to bear it's costs
 
Justice Ouko: I am in agreement with the justices of the court of appeal that the second schedule to the bill was inconsistent with the constitution to which extent it was correctly so declared. I reject this ground of appeal
 
Justice Isaac Lenaola: when the Kenyan people gave themselves the 2010 Constitution, it was a matter of public knowledge that certain parts of it would require amendments at some point in the future. There was, however, no agreement as to what these parts were.
 
NJOKI NDUNGU: I do not consider any action in the constitution unamendable in short she is saying that the bbi isn't null and void!
 
Justice Lenaola: The President cannot and should not initiate a popular initiative. He cannot initiate the process by collecting 1m signatures and crafting an amendment bill and retire to await the same bill and ascent to it as the president
 
Justice Dr. Smokin Wanjala: I’m of the firm opinion that a President cannot initiate a popular initiative. A proposal to amend the constitution through a popular initiative comes into being when there’s a felt need by the people.
 
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