High court declares BBI unconstitutional

The High Court on Thursday declared the Constitution amendment Bill 2020 null and void. 

In a ruling delivered by a five-judge bench, the court in Milimani noted that the entire process was unconstitutional as its promoters usurped the powers of the common citizen.

In their determination, judges Jairus Ngaah, George Odunga, Teresia Matheka Joel Ngugi, and Chacha Mwita further ruled that “The president overstretched his powers when he proposed amendments to the constitution outside his clear mandate.”

The five judges while ruling in favor of the eight petitioners determined that the BBI steering committee which was appointed by the president and established through a gazette notice rendered the process state-sponsored.

The BBI secretariat and steering committee according to the judges was, therefore, an unconstitutional outfit/s.

On whether it is lawful for the BBI Bill to set out the number of constituencies, the judges ruled that number of constituencies can be amended as long as the procedure is followed. On this matter, they determined that the creation of new 70 plus constituencies is unlawful.