1. On issue 1, J. Wanjala agrees with CJ Koome, J. Ouko, J. Lenaola and J. Njoki. Says the Constitution has sufficient inbuilt safeguards to prevent its dismemberment. Finds the Basic Structure Doctrine inapplicable.
2. Wanjala upholds High Court and Court of Appeal because popular initiative is is meant for the "people." "People" is not an ornamental word, he holds. Finds that the President did originate the initiative.
3. On issue 3 Justice Wanjala holds the Second Schedule introducing the 70 extra constituencies unconstitutional.
4. On issue 4, Justice Wanjala holds that the President cannot be sued in his personal capacity while in office. Can be sued after
. 5. On issue 5, Justice Wanjala finds that there was inadequate public participation on the BBI Bill.
6. Promoters have an obligation to engage in public participation, because when you want 1 million signatures from the people, you must engage them on the contents of the proposed amendment.