The Supreme Court judges on Thursday, March 31, delivered their respective rulings on the petition challenging the BBI constitutional review process invalidated twice by two superior courts.
Chief Justice Martha Koome kickstarted the process by reading her judgement on the seven issues as framed by the Supreme court.
The first issue of determination was the doctrine of basic structure which Koome ruled is not applicable in Kenya.
"The two courts below erred by finding a fourth Judiciary-created pathway for amending the constitution which is tantamount to amending the constitution through the judgment of the court," the CJ stated.
Koome noted that President Uhuru Kenyatta cannot initiate a popular initiative adding that it is a preserve of the Wananchi.
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"The President is not permitted to initiate constitutional amendments or changes through a popular initiative route provide under article 257 of the constitution," she said.
The CJ ruled that BBI's new 70 Constituencies were unconstitutional.
Koome also stated that civil proceedings cannot be instituted against President Uhuru Kenyatta.
"Civil proceedings cannot be initiated against the president. But immunity of the president under the law does not mean actions of the president cannot be challenged in court. Anyone can challenge actions by the president by prosecuting the Attorney General," she ruled.
The CJ mentioned that there was reasonable public participation except for the second schedule of the bill.
"In the end, I hold there was reasonable public participation with respect to the BBI Amendment Bill, save for the second schedule of the impugned bill," CJ Koome.
CJ Koome ruled that the three commissioners met the constitutional quorum for it to conduct its business.
"There was no obligation on IEBC to ensure that the promoters of the impugned popular initiative complied with the requirement of public participation before determining the [BBI] amendment bill.The CJ noted that it was Immature to determine the multiple referendum questions," she noted.
