Kenyan Court Declares Building Bridges Initiative Unconstitutional

Through the Finance Act, 2020, Parliament amended the Income Tax Act by introducing a new Section 12D providing for the introduction of Minimum Tax at the rate of 1 per cent of the gross turnover effective 1 January 2021.

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