BBI Ruling: Official Thread

BBI Chieth itarudi ama itazikwa kwenye kaburi la sahau

  • Null and Void

  • Reggae continues

  • Admin unasumbua

Results are only viewable after voting.
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
 
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.
 
Martha Koome – Chief 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.
 
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.
 
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.
 
"I disagree with the decision of the majority of the Court of Appeal judges on the basic structure doctrine."- CJ Martha Koome
.
sisi kwisha.
BBI imepita
 
photo5920494692938659893.jpg
 
CJ Martha Koome: “44 of the 47 counties approved the BBI ammendment bill 2020, it would be immoral to deny the majority their will….”
.
This supreme court judgment is too predictable like do they have to be that obvious?
 
"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.
 
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.
 
CJ Koome has termed he Handshake between President Uhuru Kenyatta and Raila Odinga as an "act of courage and patriotism."
 
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).
 
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.
 
You must log in or register to reply here.
Back
Top