Five Bench Judge declares BBI Bill unconstitutional. This is the decision that has been waited by many in the country after the both houses of parliament passed the bill of BBI, and now the case in court kept everyone waiting to see the next step of BBI.


Furthermore, declares that as soon as the Auditor General completes audit of all the costs, the President and Raila Odinga will have to bear the costs of the manifestly illegal BBI Process. Putting in mind that the are the founders of the bbi after the handshake and have been pushing for the referendum.

The judges have put out some clear points before giving out the decision. Including the lack of enough IEBC officials, which means IEBC can not hold a referendum at this. On the same about the constituencies boundaries which is the duty of IEBC to do it and not as stated in the bbi. Also it’s clear that the citizens are the ones who need to be considered for a referendum.

High Court Findings

√ A constitutional amendment can either be initiated by a Parliamentary or Popular initiative.’ It is clear that BBI Bill is an initiative of the President. The President is not an MP, cannot directly purport to initiate a constitutional amendment ~ Justice Jairus Ngaah

√ BBI Steering Committee is unlawful.
√ BBI is an hybrid initiative unknown to the constitution, therefore it is our finding that the popular initiative as means to amend the constitution under article 257 of the constitution is a power reserved for Wanjiku. Neither the president nor any state organ can utilize article 257 of the constitution to amend the constitution.

√ Kenyans committed to protect to the structure of their 2010 Constitution from erosion public participation over elite consensus. There are limits to Constitutional amendment powers High Court finds: the basic structure doctrine is applicable in Kenya Popular Initiative to a med the Constitution can only be started by the people not by the government ~ Justice Odunga

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