The High Court on Thursday, May 13 2020 has ruled that the Constitutional Amendment Bill 2020 is unconstitutional due to a number of illegalities within the bill and the entire process.
The ruling came after a five-bench judge of the Milimani Law Courts had been tasked with debating as to whether the BBI petition would proceed to the referendum.
The judges were to determine 17 questions raised on the petitions against the BBI process. The ruling was made by Justice Teresia Matheka, Joel Ngugi, George Odunga, Jairus Ngaah, and Chacha Mwita.
“The steering committee on the BBI was a brainchild of the President, it has no locus standi in promoting constitutional changes as indicated in Article 257 of the constitution, “Judge Ngaah stated.
The judges ruled that the BBI steering committee was not a popular initiative but rather a task force initiated by President Uhuru Kenyatta.
“It is therefore clear as concluded above that the BBI taskforce, which was morphed into the steering committee, was the President’s and not the people’s initiative.
“It is also quite clear that what was presented as a popular initiative to amend the constitution is, in reality, the President’s initiative which is contrary to Article 257 of the constitution,” Judge Mwita said.
The judge also noted President Uhuru Kenyatta could not be sued during his tenure as the Head of State.
“Criminal proceedings cannot be taken against the President during his tenure as far as legal proceedings are concerned,” the judge added.
The judges further faulted the 70 new constituencies’ proposal terming it unconstitutional. They noted that the jurisdiction falls under the Independent Electoral and Boundaries Commission (IEBC).
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