The Building Bridges Initiative suffered a significant setback on Thursday, when the Kenyan Constitution Amendment Bill 2020 was found null and void by the High Court of Kenya.
In their determination, judges Jairus Ngaah, George Odunga, Teresia Matheka Joel Ngugi, and Chacha Mwita further ruled that “The president overstretched his powers when he proposed amendments to the constitution outside his clear mandate.”
While ruling in favor of eight petitioners who consolidated their case against the BBI process, the five judges determined that the President appointed committee (BBI Steering Committee), which was established via gazette notice, rendering the whole process state-sponsored.
On the 70 additional constituencies debate, what created division among ODM legislators, the court ruled that the BBI team ignored guidelines provided by the constitution.
“Allocation of the 70 constituencies by county ignores the set criteria that the constitution itself dictates.” The judgment read by Judge Joel Ngugi stated
On the question of whether the electoral agency was properly constituted in confirming the authenticity of referendum signatures, they ruled that the IEBC did not have the quorum & thus the commission’s decision was invalid, null & void.
“They are plainly unconstitutional,” The five judges ruled
The BBI task-force now has the court of appeal as its last remaining action to battle out their situation.
