On Friday 20th August, a 7-judge bench stopped reggae- also BBI.
The court of appeal upheld the previous ruling by the Kenyan High Court that had declared BBI unconstitutional.
On May 13th, five judges declared that amendments can not be made to the basic foundation structure of the Constitution. And also said that the bill was in no way the will of the people. But was only based on changing the political and socio-economic interests.
The five judges also said that the President the government or any state organ can not initiate a popular initiative in the constitution. In fact, the President could be sued in his personal capacity while still in office if he violates the Constitution.
As a result, of the ruling, President Uhuru filed a notice of appeal against the ruling.
During the ruling yesterday, each of the seven judges gave out their verdict.
Most of the judges ruled that the President can not initiate constitutional popular initiative. Because he is not categorized as ‘general public.’
Popular initiative is citizen-conceived as driven. It must be initiated by the common mwananchi, not the president. Said Justice Patrick Kiage.
The committee that pioneered the BBI was also declared unlawful and unconstitutional.
The seven judges were Hannah Okwengu, Roselyn Nambuye, Gatembu Kairu, Daniel Musinga, Fatuma Sichale, Patrick Kioge, and Francis Tuiyott.
During the ruling, the court of appeal also issued a permanent injuction barring the IEBC from conducting a referendum on the Constitutional Amendment Bill 2020.
Kenyans have expressed so much joy after the ruling, since it seemed like the bill would have been forced down our throats. Here are some reactions on twitter: