The High Court in Kenya declares push to amend the constitution null and void.
The High Court in Kenya on Thursday evening had dealt a staggering huge blow to efforts by the current president of Kenya Uhuru Kenyatta and his handshake opposition partner Raila Odinga to continue key constitutional changes process e that started over three years ago.
Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita said amendments cannot be made to the basic foundation structure of the Constitution.
The Bulding Bridges Initiative (BBI) was a political truce between president Kenyatta and his chief 2017 political rival and closest competitor that culminated into the constitution of Kenya amendment Bill that seeks to amend the constitution through a popular initiative (referendum).
The BBI proposes a new power structure, creates an additional 70 elective constituencies, taking more money to county governments, creation of the office of the ombudsperson that is appointed by the executive to perform a disciplinary oversight on the judiciary and among other key changes.
However the latest judgment of the High Court by five judges bench delivered yesterday deals a huge blow to the referendum that was likely to come on August this year, a year before the country goes for the general elections.
The court, in a bold, hard-hitting judgment, declared that President Uhuru Kenyatta acted in excess of his powers when he formed and initiated the BBI constitutional amendment process.
The five judges also declared that President Kenyatta violeted chapter six of the constitution, on the leadership and integrity.
The judgement pointed legal blunders that made the whole process unconstitutional.
The bench also issued a permanent injunction against the IEBC,the Kenya electrol stopping agency from organising and conducting a referendum until proper voter registration and education is done.
Mustaqbal Media
