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President Can't Be A Wanjiku, Judge Sichale Rules On BBI

 Judge Fatuma Sichale ruled that the president cannot be Wanjiku - an ordinary citizen - during the Court of Appeal's pending judgment on the Building Bridges Initiative (BBI).


 In his judgment on Friday August 20, Sichale ruled that the president cannot be Wanjiku and therefore cannot initiate the process of amending the Constitution by popular initiative.


 “By his conduct, Uhuru cannot be a wanjiku for the purposes of article 257 of the constitution. The president is president 24 hours a day, 7 days a week and cannot initiate changes to the constitution as provided for in section 257, ”Sichale said.


 However, Sichale disagreed with the High Court ruling that declared the Independent Elections and Boundaries Commission (IEBC) insufficiently constituted to collect and verify signatures approving the constitutional change.


 “The IEBC as it is currently made up of 3 members conforms to the constitution. He can therefore exercise his mandate. The question of the verification of signatures is not a political decision but an operational one. The verification of signatures is not null and void, ”Sichale said.


 However, his judgment on constituting the IEBC commission for the purpose of collecting signatures endorsing BBI for a referendum was in contrast to that of Judge Francis Tuiyott who agreed with the High Court ruling.


 “The IEBC as it is currently made up of 3 members conforms to the constitution. He can therefore exercise his mandate. The question of the verification of signatures is not a political decision but an operational one. The verification of signatures is not null and void, ”Judge Sichale ruled.


 In his ruling, Tuiyott said: “To assert that the IEBC quorum may be less than 4 commissioners is to weaken the commission. I consider that the IEBC was not properly constituted when it verified the signatures. "


 In a long-awaited decision of Thursday, May 13, the bench of five judges chaired by High Court Judge Joel Ngugi and composed of Justices George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita ruled in favor of eight petitioners who sought to ban the bill. to hold a referendum.


 While laying out their case, the eight petitioners, including economist David Ndii, Kenya National Union of Nurses, Thirdway Alliance, 254Hope, Justus Juma and Moraa Omoke argued that the BBI bill was not a popular initiative. but a program based on the evolution of political waves in the country. .


 When creating 70 new constituencies and distributing them to the 47 counties, the High Court ruled that the Independent Election and Boundaries Commission was not involved, adding that the IEBC was not properly constituted to act. fulfill its mandate.

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A Wanjiku BBI Fatuma Sichale High Court Sichale

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