On May 23, 2021, five High Court judges in Kenya blocked a government-backed plan to make fundamental changes to the country's constitution.
The judges said the constitution amendment bill, popularly referred to as the Building Bridges Initiative (BBI), was irregular, illegal and unconstitutional.
In May of 2021, the five-judge bench struck down the proposed amendment, declaring that “the President does not have authority under the Constitution [of 2010] to initiate changes to the Constitution, and that a constitutional amendment can only be initiated by Parliament through a Parliamentary initiative under article 256 or through Popular Initiative under Article 257 of the Constitution.” In other words, an amendment must emerge from the ordinary citizen and not the president, as required by the basic structure doctrine.
The government went on and appealed the ruling of the High Court and the case is now before a seven-judge bench of the Court of Appeal, with Musinga J presiding. The Court of Appeal was expected to deliver its verdict on August 20, 2021. Thats how BBI didn't see the light of the day.
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