The Building Bridges Initiative (BBI) process culminating into the Constitutional Amendment Bill is unconstitutional, the High Court has ruled.
According to a ruling by judges Prof Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita, President Uhuru Kenyatta does not have the power to initiate a Constitutional amendment.
The five bench judges ruled that even the BBI Steering Committee unconstitutional.
“It is our finding that popular initiative is a power reserved for Wanjiku neither the president or any other state organ can utilize article 257 to amend the constitution. President cannot purport to directly initiate a constitutional amendment. He isn’t part of parliament. He has no power under the constitution to initiate changes under the constitution since parliament is the only state organ that can consider the effecting of constitutional changes. The president is not permitted to amend the constitution using popular initiative,” said the judges.
The judges ruled that the President should have used the parliamentary initiative by petitioning the National Assembly through the Attorney-General to consider the desired amendments.
The court also ruled that the promoters of the BBI failed to involve Kenyans, hence the process was Constitutionally flawed.