BBI Ruling: Official Thread

BBI Chieth itarudi ama itazikwa kwenye kaburi la sahau

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Meria

Elder Lister
Staff member
Dr. Smokin Wanjala: The President cannot initiate the popular initiative. I find it difficult to distance the President from the BBI process. He originated this initiative.
 

Meria

Elder Lister
Staff member
Justice Dr. Smokin Wanjala: There’s no provision in our constitution that is un-amendable. Basic Structure Doctrine is not applicable in Kenya.
 

Meria

Elder Lister
Staff member
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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.
 

Meria

Elder Lister
Staff member
Justice Mwilu's Summary
1. Constitution has basic structure but the basic structure doctrine is not applicable
2. President cannot initiate changes to the Constitution
3. The schedule on the 70 new constituencies was unconstitutional
4. president cannot be sued while in office
5. bbi did not meet the test of public participation
6. iebc was properly constituted and had quorum
7. formulation of referendum questions is a non-issue for the court.

#BBIFinalVerdict
 
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