Kenya: Judges Unanimously Rule BBI Process is Unconstitutional

Kenya’s High court has on Thursday found the process to amend the country’s constitution as unconstitutional, null and void.

The High Court ruled that the President, government or any state organ cannot initiate the process to amend the constitution, adding that the constitution can only be amended by the Kenyan people through a referendum.

It also found the BBI (Building Bridges Initiative) Steering Committee as an invalid outfit: The Committee did not avail adequate copies of BBI bill to the public.

The five judge bench also ruled that the country’s President Uhuru Kenyatta contravened chapter six of the constitution of Kenya, adding that he can be sued in his personal capacity.

The judgement followed consolidated petitions challenging the country’s constitutional changing process through popular initiative planned for later this year.

The petitions sought to stop the country’s electoral body, IEBC from conducting a referendum to implement the BBI Bill passed by the Kenyan parliament.

The matter appeared before Justices Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita and Janet Mulwa.