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KENYA: COURT OF APPEAL AFFIRMS THAT BBI IS UNLAWFUL, UNCONSTITUTIONAL

KENYA: COURT OF APPEAL AFFIRMS THAT BBI IS UNLAWFUL, UNCONSTITUTIONAL
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By Faith Nyasuguta 

The court of appeal in Kenya has upheld that the Building Bridges Initiative popularly known as the BBI process was unlawful and unconstitutional.

The affirmation comes just weeks after the high court also quashed the BBI on the same grounds.

In a majority decision on Friday, six of the seven-judge bench, chaired by the Court’s President Daniel Musinga delved into the BBI process, declaring several stages and actions unconstitutional and unlawful.

The bench however obliterated part of the High Court directives including one that said Kenyan President Uhuru Kenyatta had contravened Chapter Six of the Constitution.

The judges unanimously agreed that the president lacks the authority to initiate changes to the constitution.

“The whole process was null and void and in the end, I am happy we have kept the constitution sound and safe up until this moment, and may it remain as such,” Justice Patrick Kiage said.

Despite the fact that five judges upheld that the basic structure doctrine constrains the power to alter the constitution, Judges Hannah Okwengu and Fatuma Sichale dissented.

All the judges have also unanimously ruled that civil proceedings can be instituted against the president but justice Francis Tuiyott dissented.

The Judges also appeared to raise the bar on amending the constitution through popular initiative and making it even harder to amend the country’s supreme law.

The majority faulted the President for riding on a popular initiative – an avenue reserved for the common man – to instigate constitutional changes.

Judges at the court of Appeal
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Faith Nyasuguta

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