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Friday, May 14, 2021 – Yesterday, the proponents of the Building Bridges Initiative (BBI) bill suffered a major setback after a 5 Judge bench termed the bill as unconstitutional.

In a move seen to defend the constitution and sovereignty of the people of Kenya, the judges led by Justice George Odunga, Prof Joel Ngugi, Justice Jairus Ngaah, Justice Teresia Matheka, and justice Chacha Mwita, shredded the process to the extent of terming the BBI Steering Committee unconstitutional.

The Judges in the unanimous decision said President Uhuru Kenyatta does not have the power to directly initiate constitutional amendment under the law since parliament is the only organ with that power.

“It is our finding that popular initiative is a power reserved for Wanjiku neither the president or any other state organ can utilize article 257 to amend the constitution,” said the judges.

“President cannot purport to directly initiate a constitutional amendment. He isn’t part of parliament. He has no power under the constitution to initiate changes under the constitution since parliament is the only state organ that can consider the effecting of constitutional changes. 

“The president is not permitted to amend the constitution using popular initiative,” the judges added.

This is a big blow to President Uhuru Kenyatta and opposition leader, Raila Odinga, who were the proponents of the referendum.

However, the judges said those who were aggrieved by the ruling especially the Attorney General can appeal the ruling.


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