Justice William Ouko's BBI verdict
By Elias Kiplimo
Supreme Court judge, Justice William Ouko read his findings and judgement today, Thursday, March 31, 2022, on the Building Bridges Initiative (BBI).
Justice Ouko, in his judgement, says: President Uhuru Kenyatta cannot initiate changes to the Constitution through the BBI process, and that a sitting president is immune to civil litigation.
He further ruled that the Independent Electoral and Boundaries Commission (IEBC), was not properly constituted during the verification of BBI signatures.
Ouko’s view and opinion on this differed from his boss’, Martha Koome, who held that, with three commissioners in office, the electoral agency was quorate during the BBI process.
[caption id="attachment_15943" align="alignnone" width="1275"]
File image of Supreme Court judge, Justice William Ouko. |Photo| Courtesy|[/caption]
However, Ouko’s verdict on other key issues aligned with Chief Justice Martha Koome’s.
Below is a summary of Justice William Ouko’s judgement on the BBI appeal at the apex court:
Basic structure
According to Justice Ouko, any amendment to a provision of the constitution is not subject to an implied limitation but to the amendment, powers set out in Articles 255 – 257 of the 2010 Constitution.
Role of the president in the process
Justice Ouko ruled that the president is ineligible to directly or indirectly initiate a popular initiative.
Presidential immunity
He said no civil proceedings can be instituted against the president in his personal capacity.
Constituencies
Justice Ouko ruled that BBI’s proposal for the creation of 70 constituencies was unconstitutional.
IEBC quorum
The electoral body was fully constituted when it undertook the verification of signatures.
Public participation
The proof as to whether there was public participation in the constitutional amendment process is a matter of evidence and rests with the appellants against BBI.
File image of Supreme Court judge, Justice William Ouko. |Photo| Courtesy|[/caption]
However, Ouko’s verdict on other key issues aligned with Chief Justice Martha Koome’s.
Below is a summary of Justice William Ouko’s judgement on the BBI appeal at the apex court:
Basic structure
According to Justice Ouko, any amendment to a provision of the constitution is not subject to an implied limitation but to the amendment, powers set out in Articles 255 – 257 of the 2010 Constitution.
Role of the president in the process
Justice Ouko ruled that the president is ineligible to directly or indirectly initiate a popular initiative.
Presidential immunity
He said no civil proceedings can be instituted against the president in his personal capacity.
Constituencies
Justice Ouko ruled that BBI’s proposal for the creation of 70 constituencies was unconstitutional.
IEBC quorum
The electoral body was fully constituted when it undertook the verification of signatures.
Public participation
The proof as to whether there was public participation in the constitutional amendment process is a matter of evidence and rests with the appellants against BBI. What's Your Reaction?
