BBI Ruling: Official Thread

BBI Chieth itarudi ama itazikwa kwenye kaburi la sahau

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Meria

Elder Lister
Staff member
CJ Koome: As the apex court in the land and custodian of the Constitution, it is not lost to us that we are being called upon to provide an impartial and authoritative determination that will guide and act as an interpretive compass to the courts below
 

Meria

Elder Lister
Staff member
CJ Koome: beyond the 3 stipulated pathways for amending the Constitution provided in Chapter 16, there are certain fundamental features in the 18 Chapters that are not amendable without first determining whether a proposed amendment forms part of a basic structure.
 

Meria

Elder Lister
Staff member
Martha KoomeChief Justice: The framers of the Constitution whether aware of the Basic Structure Doctrine chose to ring-fence key features from flexible amendment and if it was their intention to provide for eternity clauses nothing would have stopped them.
 

Meria

Elder Lister
Staff member
Martha Koome – Chief Justice: The history behind the making of the Constitution, cannot be buried & forgotten as it continues to reverberate as the debates & discussions around the Amendment acts back to the process & sacrifices that were made by the Kenyans.
 

Meria

Elder Lister
Staff member
CJ Martha Koome: The next question that follows is whether it was necessary for the two superior courts to adopt the basic structure doctrine and therefore devise a fourth-way path to amend the constitution outside the three-way path.
 

Meria

Elder Lister
Staff member
"I disagree with the decision of the majority of the Court of Appeal judges on the basic structure doctrine."- CJ Martha Koome
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sisi kwisha.
BBI imepita
 

Meria

Elder Lister
Staff member
CJ Martha Koome: “44 of the 47 counties approved the BBI ammendment bill 2020, it would be immoral to deny the majority their will….”
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This supreme court judgment is too predictable like do they have to be that obvious?
 

abbychumz

Senior Lister
"I disagree with the decision of the majority of the C.O.A Appeal judges on the basic structure doctrine...It's clear to me that Kenyans sought to achieve a balance between rigidity and flexibility," - CJ Martha Koome.
 

Meria

Elder Lister
Staff member
CJ Martha Koome: As far as the President's actions with respect to setting up the BBI task force to promote national unity were concerned, in my view, these actions cannot be faulted as they are acts of statesmanship.
 

Meria

Elder Lister
Staff member
CJ Koome has termed he Handshake between President Uhuru Kenyatta and Raila Odinga as an "act of courage and patriotism."
 

Meria

Elder Lister
Staff member
On additional constituencies CJ reasons that directly allocating constituencies through the Bill eliminated the possibility of judicial review. Endangers fair & effective representation, ought to be done through an independent professional actor (IEBC).
 

Meria

Elder Lister
Staff member
On Issue 4, CJ Koome concludes that the President can only be sued through the Attorney General; faults Court of Appeal for holding that the President can be sued personally for violating the Constitution.
 
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