The High Court on Thursday, May 13 ruled that the Constitutional Amendment Bill 2020 is unconstitutional.
The court termed the Bill unconstitutional due to a number of illegalities within the bill and the entire process that came up with the bill.
The ruling was made by Justice Teresia Matheka, Joel Ngugi, George Odunga, Jairus Ngaah, and Chacha Mwita. The judges had been tasked with debating as to whether the BBI petition would proceed to the referendum.
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 noted.
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).
“The BBI not only unlawfully takes over the functions of IEBC but also allocates constituencies in violation of constitutional principles set out in Article 89 which IEBC is obliged to adhere to in executing its mandate,” judge Matheka stated.
The judges also declared all decisions conducted by the IEBC in regards to the BBI bill, including verification of signatures, null and void due to lack of a legal framework.
“It, therefore, follows that all the decisions made by the IEBC in relation to the propose Constitutional Amendment Bill were invalid, null, and void for lack of quorum,” Judge Matheka stated.
IEBC was further barred from conducting any exercises regarding the BBI bill. The judges added that all parties that were promoting the bill will bear their own cost and no funds should be directed towards the project.