Nobody can stop reggae, they said. But a high court on Thursday night declared the Building Bridges Initiative (BBI) unconstitutional.
Five judges namely Joel Ngugi, George Odunga, Jairus Ngaa, Chacha Mwita and Teresa Matheka declared that amendments can not be made to the basic foundation structure of the constitution.
So the judges said that the president, the government or any state organ can not initiate a popular initiative in the constitution.
Any step that has been taken to amend the Constitution through the Building Bridges Initiative is null and void and cannot be subjected to any referendum. The court issues a permanent injunction stopping the electoral commission from proceeding to organise any referendum for the Bill,”
ruled the judges.
The judges also added that the BBI was not the will of the people. But was only based on changing the political and socioeconomic interests.
President Uhuru was also cited for breach of the Constitution. And that is an impeachable offense. So the judges ruled that he violated Chapter Six of the Constitution on leadership and integrity, and that he can be sued in his personal capacity while still in office if he violates the Constitution.
We declare that Uhuru Muigai Kenyatta has contravened Chapter Six of the Constitution given that in initiating the process to amend the Constitution through the BBI, he failed to defend, respect, and uphold the constitution as required.
The Constitution can only be amended as provided. The President fell short of the leadership and integrity test required of his office by breaching the Constitution through the BBI process. There are other ways he can use to achieve national unity,
Ruled the judges
As soon as the ruling was made vice president William Ruto who was against the BBI took to Twitter to celebrate
We’re you opposing or supporting the BBI. And what are your thoughts about the court’s ruling?