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Home Politics

BREAKING: BBI Bill Declared Unconstitutional

HabariLeo by HabariLeo
2022/03/31
in Politics
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BREAKING: BBI Bill Declared Unconstitutional
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The Supreme Court has finally delivered its ruling on the Building Bridges Initiative (BBI) appeal filed by Attorney General Paul Kihara Kariuki. 

The Supreme Court judges have ruled that the amendment bill 2020 is unconstitutional. The ruling was made on Thursday by the Seven-judge bench.

Basic Structure has been struck down by CJ Koome and Justices Ouko, Lenaola, Njoki and Wanjala. 

Take away from Chief Justice Koome's ruling on BBI
– Basic Structure Doctrine does not apply.
-Popular initiative means that amendments should come from citizens and not their elected representatives. #BBIFinalVerdict pic.twitter.com/QaA5htlK8s

— Habari Leo (@HabariLeoKenya) March 31, 2022

However, Supreme Court Justice Njoki Ndung’u ruled that no law limits the President of the Republic of Kenya from initiating a popular initiative.

On the issue of the second schedule on boundaries, she ruled that the lower courts lacked jurisdiction to determine the proposed additional constituencies. 

Chief Justice Martha Koome: Photo: Courtesy

Justice Isaac Lenaola’s verdict was not different but agreed with the statement that President Uhuru Kenyatta was not a promoter of the 2010 constitutional amendment bill 2020.

Justice Smokin Wanjala agreed with other Supreme Court judges on many sections of discussions and gave his view on whether Uhuru can be sued.

“The President can on occasion be sued where or if he violates the Constitution and if he violates any other law when he is not acting in his capacity as President,” he held.

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