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Thursday, March 31, 2022 –Building Bridges Initiative BBI process was inefficiently conducted especially during the critical public participation phase.
In her long awaited ruling delivered today Thursday March 31, Chief Justice Martha Koome noted that a matter weighty as such was supposed to go through sufficient public engagement so that to be given a green light in any court of law.
This, according to the chief judge, made the Constitutional Amendment process unsatisfying and therefore inappropriate.
She also ruled that the president was wrong on initiating a Constitutional change through the popular initiative. Uhuru as a simple of national unity did not have the right to apply popular initiative route to initiate changes to the Constitution; that this option can only be available to mwananchi and not the Legislature and Executive.
Furthermore, BBI proponents overstepped their mandate by allocating and apportioning 70 new constituencies; a job which only the IEBC has the power to do.
She also took issue with the courts saying civil proceedings cannot be instituted against a sitting president, and that the lower courts engaged in “judicial overreach”.
She stated that the electoral board IEBC had a quorum when it undertook the verification of signatures in support of the amendment Bill. Koome confirmed that the IEBC had three commissioners at the time.
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