The much awaited BBI ruling by the Court of appeal took place on Friday.
In the ruling, the Court of appeal declared the Building Bridges Initiative (BBI) constitutional thus upholding the Kenyan High Court ruling that had been made in May.
The bill was shot down by a 7 judge bench in a ruling that took the better part of the day with each of the seven judges reading their own verdict.
The judges included: Daniel Musinga, Fatuma Sichale, Gatembu Kairu, Hannah Okwengu, Roselyn Nambuye, Patrick Kiage and Francis Tuiyott.
Five of the judges ruled that the Basic Structure Doctrine applies to the Kenyan constitution.
Justice Nambuye and Sichale dissented while the other five judges: Justices Musinga, Gatembu, Kiage, Okwengu and Tuiyot upheld the High Court’s decision.
The judges also ruled that the president cannot initiate Constitutional change through popular initiative because he does not fall under category of the ‘general public’.
Popular initiative is citizen-conceived and driven, it must be initiated by the ‘common mwananchi’, not the President. the President was at liberty use the Parliamentary initiative through his political party,Justice Patrick Kiage ruled.
The BBI steering committee which was constituted by President Uhuru Kenyatta was also declared unlawful and that the president also violated the constitution by initiating the constitutional amendment.
In the rulling, the issue of public participation arose and Judge Muage said that some of the Members of The County Assembly passed the bill without allowing public participation.
County Assemblies did not involve resident-citizens in their counties. Some Assemblies ‘passed the Bill in a matter of days’ without involving the citizens,Justice Kiage said.
During the ruling, the court also issued a permanent injunction, barring the IEBC from conducting a referendum on the Constitution Amendment Bill 2020 (BBI).