In her judgment followed through on Friday, August 20, Sichale decided that the President can't be Wanjiku and in this manner can't start the way toward altering the Constitution through a well known drive.
"By lead, Uhuru can't be a wanjiku for the motivations behind Article 257 of the constitution. The President will be President every minute of every day and can't start changes to the constitution as given in Article 257," Sichale dominated.
Notwithstanding, Sichale couldn't help contradicting the High Court deciding that announced the Independent Electoral and Boundaries Commission (IEBC) deficiently established to collect and check marks underwriting the protected change.
"The IEBC as presently comprised with 3 individuals is unavoidably agreeable. In this manner it can complete its command. The issue of confirmation of marks isn't an arrangement yet functional choice. The check of marks isn't invalid and void," Sichale dominated.
Nonetheless, her judgment on the constitution of IEBC commission for the motivations behind signature assortment supporting BBI for a submission was rather than that of Justice Francis Tuiyott who concurred with the High Court's choice.
"The IEBC as right now established with 3 individuals is intrinsically agreeable. Thusly it can complete its order. The issue of check of marks isn't an approach however functional choice. The confirmation of marks isn't invalid and void," Justice Sichale dominated.
In his decision, Tuiyott said, "to hold that the majority of IEBC can be anything short of 4 Commissioners, is to debilitate the commission. I hold that IEBC was not properly comprised when it confirmed the marks."
In a profoundly expected Thursday, May 13 decision, the five-judge seat directed by High Court Justice Joel Ngugi and containing judges George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita decided for eight solicitors who looked to banish the bill from continuing to a submission.
While expressing their case, the eight candidates including business analyst David Ndii, Kenya National Union of Nurses, Thirdway Alliance, 254Hope, Justus Juma and Moraa Omoke contended that the BBI bill was not a famous drive but rather a plan dependent on changing political waves inside the country.
On the production of 70 new electorates and disseminating them across the 47 areas, the High Court decided that the Independent Electoral and Boundaries Commission was not included adding that IEBC was not appropriately established to do its command.
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