Kenyan Court Declares Building Bridges Initiative Unconstitutional

The High Court Monday issued conservatory orders restraining the Kenya Revenue Authority from implementing the minimum tax at a rate of 1 per cent of firms’ turnover.

Kenya’s High Court on Thursday declared as unconstitutional the the Building Bridges Initiative (BBI), saying the entire process promoted by the BBI was “unconstitutional, null and void.”

A five-judge Constitution bench, Judges Prof Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita was unanimous in upholding the sovereignty of the people.

“Kenyans intended that the essence of constitutional order they were bequeathing themselves sin 2010 would only be changed in the exercise of primary constituent power that is through civic education, public participation, constitutional assembly plus a referendum and not through secondary constituent power which is through public participation and referendum only.”

Kenya’s Steering Committee on the Implementation of the Building Bridges Initiative (BBI) has proposed the reintroduction of the post of the prime minister and two deputies to make the government more inclusive and replace a winner-takes-all electoral system.

The High Court’s judgment is as a result of seven cases filed against BBI.

The case was initially filed by five activists namely economist David Ndii, Jerotich Seii, James Ngondi, Wanjiku Gikonyo and Ikal Angelei.

The case was consolidated with seven other cases challenging BBI.

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Building Bridges Initiative High Court of Kenya Consolidated Judgment