KRN NEWS DESK
BBI is unconstitutional Supreme court Judges affirm.
Supreme court Judges have today ruled that the BBI is unconstitutional. The ruling was made on Thursday by justices; Chief Justice Martha Koome, Justice William Ouko, Justice Isaac Lenaola, Justice Philomena Mwilu, Mohammed Ibrahim, and Smokin Wanjala.
Chief Justice Martha Koome stated that the President was not allowed to initiate a popular initiative and that his involvement made the BBI unconstitutional.
Justice Ouko on his part agreed with Chief Justice Koome stating that the President cannot initiate a popular initiative, and in the case of BBI he was involved which made it unconstitutional.
“The president can’t initiate a popular initiative and in this case he did, the president cant run with the hares and at the same time hunt with the hounds ,he should stay to his constitutional mandate l, Popular initiative is not one of them,” his submission read in part.
Justice Ouko further dismissed claims that Junet Mohammed and Dennis Waweru were the initiators of the BBI process saying that they emerged from the blues.
“The suggestion that Dennis Waweru and Junet Mobammed were the initiators of the BBI Bill and not the President cannot be accurate. The BBI Secretariat emerged from the blues.” He added.
Justice Isaac Lenaola stated that the President cannot initiate the process of collecting signatures and wait for the same and ascent it as the President
“The President cannot initiate the process by collecting 1m signatures and crafting an amendment bill and retire to await the same bill and ascent to it as the president,” Lenaola said in his submission.
Image: EZEKIEL AMING’A
Justice Njoki Ndungu differed with other judges on the issue of President iniatiting an amendment process.
She claimed that the President was mandated by the people he represents and he can initiate a process on behalf of the people
“I perused carefully, all the judgements looking for proper reasons for the decision to exclude the president from the amendment process and I cannot find a logical constitutionally-based explanation” – Justice Njoki said.
Majority of Judges agreed that the basic structure doctrine is not applicable in Kenya. Justice Smokin Wanjala called the doctrine a basic structure doctrine a school of thought and not a doctrine itself.
BBI is unconstitutional Supreme court Judges affirm.
