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.
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