Justice Isaac Lenaola’s Verdict On The BBI Ruling
According to Supreme Court Judge Isaac Lenaola, President Uhuru Kenyatta's involvement in establishing the BBI constitutional review process through the public initiative route is an absurdity.
Lydia Kadima 
In his ruling issued on Thursday, Justice Lenaola stated that the President could not draft a Bill through a popular initiative, which he highlighted was the prerogative of ordinary citizens, and then retreat to ascend to it.
Lenaola reaffirmed the Constitutional Court's and the Court of Appeal's majority decisions that the President cannot initiate constitutional modifications through a public initiative process.
On the other hand, the judge refused to endorse the essential structure theory, dismissing suggestions that constitutional amendments are subject to implied constraints.
The invalidation of a proposal under the BBI for the formation of extra constituencies was also upheld by Justice Lenaola, who stated that this was the province of the electoral commission, the IEBC.
He further stated that the President could not be sued for conduct taken during his term in office.
On public engagement, Justice Leonala urged the legislative branch of government to write legislation governing the practice and establishing a threshold for it.
He said that it was quorate when the IEBC received and considered the BBI constitutional amendment Bill.
Justice Lenaola stated the question of whether the referendum should have been held in a multiple-choice format was premature since it could only have arisen after the IEBC decided how to design the referendum.
