The Supreme Court has nullified the Constitutional Amendment Bill, (2020) dubbed the Building Bridges Initiative (BBI).
Six out seven judges ruled that the President cannot lead a popular initiative to amend the Constitution.
Three judges held that President Uhuru Kenyatta was a promoter of the BBI proposed amendments. Two judges said President Kenyatta was not involved. two judges abstained from that vote.
The seven-judge bench is led by Chief Justice Martha Koome. Other judges in the bench include Deputy Chief Justice Philomena Mwilu and Justices Mohamed Ibrahim, Njoki Ndung’u, Isaac Lenaola and William Ouko.
BBI at Supreme Court: Final judgment
1. Basic Structure is not applicable in Kenya.
2. President cannot initiate amendment through Popular Initiative – President Kenyatta initiated the BBI. Consequently under 257, BBI is unconstitutional.
3. Creation of 70 constituencies is unconstitutional for want of public participation.
4. Civil proceedings cannot be initiated against the President.
5. No obligation on IEBC to ensure promoters of BBI complied with requirements for public participation. There was public participation on BBI.
6. IEBC had quorum.
7. Issue of multiple question was not ripe for determination.
8. Each party to bear own costs of suit.