BBI : Kenya’s Appeal Court Upholds Ruling Against Constitutional Change

Justices Daniel Musinga (President), Patrick Kiage, Francis Tuiyott, Gatembu Kairu, Hannah Okwengu and Roselyn Nambuye supported the basic structure doctrine while Fatuma Sichale dissented.

The Kenyan Supreme Court. PHOTO: KHUSOKO

Kenya’s Court of Appeal has upheld the ruling against changes to the Constitution 2010, through the  Building Bridges Initiative (BBI).

The Court of Appeal orders follows the High Court’s declaration that the entire process was “unconstitutional, null and void.”

In a majority decision on Friday, six of the seven-judge bench, headed by the Court’s President Daniel Musinga maintained that the basic structure doctrine limits the amendment power as set out in articles 255 and 257 of the Constitution.

“Basic structure can only be altered through the primary constituent power which must include four sequential processes namely civil education, public participation and collection of views, constituent assembly debate and ultimately a referendum,” Justice Musinga declared.