It’s Null and Void. Supreme Court of Kenya Rules on BBI
Supreme Court of Kenya on Thursday, March 31, delivered its verdict on the contentious Constitution of Kenya Amendment Bill, 2021, commonly referred to as the Building Bridges Initiative (BBI).
While the seven-Judge bench termed the Bill unconstitutional, a number of contested issues were given a gre
The seven-Judge bench of the Supreme Court on Thursday, March 31, saw a majority of the Judges agree on five out of the seven issues raised by the petitioners.
In the more than half-a-day ruling, the Judges – in most cases – differed with the Court of Appeal and the High Court on a number of issues.
The Judges, apart from Justice Njoki Ndung’u, agreed that the President cannot initiate constitutional reforms in his capacity as the Head of State.
All the Judges, save for Njoki Ndung’u, agreed that the Second Schedule of the Building Bridges Initiative (BBI) was unconstitutional.
The Supreme Court ruled that the issue of creating new constituencies must undergo meaningful public participation. This was not the case in the BBI matter.
The Supreme Court Judges, save for Justice Ibrahim Mohammed, agreed that the Independent Boundaries and Electoral Commission (IEBC) was properly constituted and was rightful to undertake the signatures verification.
The Judges unanimously agreed that the President cannot be sued during his tenure in office. The Head of State can, however, be sued before the commencement of a term or after his term ends.
The ruling was delivered by Justices Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (CJ), Ibrahim Mohammed, Njoki Ndungu and William Ouko.
