The BBI is on its dying bed as three judges out of the 7 judges standing with the decision of the high court to term it unconstitutional. Out of the 4 judges who have made their decision only Fatuma Sichale has dismissed the 5 bench high court ruling.
Here are the ruling so safar;
The Court of Appeal President Daniel Musinga says that;"That the constitution of Kenya 2010 is a transformative one has never been in dispute, it’s implementation has not been without its challenges. The constitution declares that all sovereign power belongs to the people of Kenya.
Justice Francis Tuiyott on his presentation argues that:"IEBC was not quorate when verifying signatures, says this could lead to the public losing confidence in its neutrality.""An amendment to transfer judicial authority from the judiciary and independent tribunals to the executive is to unmake the constitution..." he added.
Justice Patrick Kiage: A popular initiative is a citizen-driven initiative and when initiated by the president, no matter how well-intentioned, it ceases to be a popular initiative and should be called a state or presidential initiative."
"The President is not above the law. He must be subordinate to the constitution." He added.
In my view, a constitution must be flexible to allow for a country’s growth & review of constitution is essential to cater for new & unforeseen future problems and therefore, inadvisable to have a constitution cast in stone - Justice Fatuma Sichale
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