There is excitement all over Kenya that a 5 Bench Judge declared BBI Bill unconstitutional.
Furthermore, it declared that as soon as the Auditor General completes audit of all the costs, the President and Raila Odinga will have to bear the costs of the manifestly illegal BBI Process. Sounds to good to be true. It can only happen outside KENYA.
The court findings were as follows:
√ BBI Steering Committee is unlawful.
√ BBI is an hybrid initiative unknown to the constitution, therefore it is our finding that the popular initiative as means to amend the constitution under article 257 of the constitution is a power reserved for Wanjiku. Neither the president nor any state organ can utilize article 257 of the constitution to amend the constitution.
√ A constitutional amendment can either be initiated by a Parliamentary or Popular initiative.’ It is clear that BBI Bill is an initiative of the President. The President is not an MP, cannot directly purport to initiate a constitutional amendment (Justice Jairus Ngaah)
√ Kenyans committed to protect to the structure of their 2010 Constitution from erosion public participation over elite consensus. There are limits to Constitutional amendment powers High Court finds: the basic structure doctrine is applicable in Kenya Popular Initiative to a med the Constitution can only be started by the people not by the government (Justice Odunga)
Truth is, what the court said is truth and nothing but the truth. But that is just a ruling. A RULING like the one that annulled a presidential election. Then? A RULING like the one that declared that the NAIROBI metropolitan Services was unconstitutional and illegal. Alafu?
Rulings in Kenya that hold water are on petty thieves who steal chicken. That RULING is null and void. The next stage of reggae starts now