CJ Martha Koome’s Ruling on the BBI Report.
The Supreme Court is currently issuing the BBI judgement. In a seven -judge bench, the judges are expected to give their findings and thereafter their final verdict.
Here is the summary of Chief Justice Martha Koome’s findings:
- The Basic structure is not applicable in Kenya
- President cannot initiate a constitutional amendment through the popular initiative.
- BBI's new 70 Constituencies were unconstitutional.
- Civil proceedings cannot be instituted against a sitting President during his tenure.
- There was no public participation on the second schedule of the bill on Constituencies.
- IEBC was legally constituted with 3 Commissioners.
- It is immature to determine the multiple referendum questions.