Supreme Court judge Njoki Ndung’u on Thursday, March 31 stood out during the more than half-a-day ruling on BBI when she held that President Uhuru Kenyatta, just like Kenyan civilians, is within his right to initiate changes to the Constitution of Kenya through the popular initiative route.
All the Judges except for Njoki Ndung’u, agreed that the Second Schedule of the Building Bridges Initiative (BBI) was unconstitutional.
Below is a summary of Justice Njoki Ndung’u’s ruling on the BBI:
1. Basic structure is not applicable in Kenya. There is no such thing as eternal clauses in the Constitution.
2. The President was not the promoter of BBI Bill and the popular initiative.
3. The bill on the second schedule had not been enacted into law, hence the law can’t express itself in the creation of new constituencies.
4. In appointing the BBI secretariat, the president was discharging his constitutional mandate and therefore nothing to charge him about. I disagree that the president can be held liable.
5. Promoters are not under any obligation to conduct public participation. No public participation is needed for the collection of signatures. I disagree with the court of appeal. I disagree that there was no public participation in the BBI process.
6. IEBC was legally constituted with 3 Commissioners.
7. On referendum questions, one question was sufficient.
Source-https://www.citizen.digital/
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