BBI: Supreme Court Declares BBI Unconstitutional

The BBI Bill has been declared unconstitutional by the Supreme Court of Kenya.

Here is the summary of the court’s rulings:

  • The Basic Structure doctrine is not applicable in Kenya.
  • The President cannot initiate a constitutional amendment under article 257.
  • The constitutional amendment bill of 2020 is unconstitutional.
  • The second schedule of the amendment bill is unconstitutional due to lack of public participation.
  • Civil proceedings cannot be instigated against the president.
  • IEBC had the requisite composition and quorum to undertake the mandate
  • The question was not ripe for determination.
  • Each party shall bear its own cost.
Photo: The Judiciary Kenya (Twitter)

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