BBI judgment - Liveblog
BBI ruling liveblog
- On Presidential immunity, Justice Sichale says that when it comes to civil proceedings, the President is not insulated (in his own personal capacity) if he does anything or fails to do anything.
- Justice Sichale: I am of the opinion that verification of signatures was not null and void and IEBC did not lack quorum
- Justice Sichale upholds High Court ruling that a President cannot be a promoter of a popular initiative, says the President cannot be a 'Wanjiku'.
- Justice Sichale: There's no clause in the 2010 Constitution that prohibits ammendments but there's an in-built mechanism that provides safeguards. I'm of the persuasion that the High Court erred in imposing another hurdle on the basis of an implied provision anchored in the spirit of an overarching theme of the Constitution.
- Justice Sichale: But what is good for one generation may not be good for another generation. The High Court said whatever is to be ammended should be decided on a case by case basis. But the question is who is to carry the intensive determination?
Context of what is ammendable or not should not be left to the judicial process. - Justice Sichale: Looking at the clear language in Chapter 16, there is provision for amendments and there is no need to look outside and impose the Basic structure. Framers of the Constitution balanced flexibility and rigidity. Balance has to be struck to avert abusive ammendments.
- Justice Sichale: Kenya's Constitution is ammendable subject to the process and procedures in Article 255 and 257 being adhered to. The constitution anticipated that it can be ammended and provided procedures and the ammendments that require a referendum.
- Appellate judges back in court for next part of reading. Justice Fatuma Sichale now speaking on issues raised in BBI appeals
- Court takes short break at 11; Justice Fatuma Sichale to read next part of BBI judgment when it resumes.
- Justice Tuiyott: I've reached the same decision as the High Court that the IEBC was not quorate when it embarked on the business of verifying BBI signatures on membership of only three.
- Justice Tuiyott now dealing with the issue of IEBC quorum
- Justice Tuiyott agrees with the High Court and respondents that the Constitution of Kenya has a Basic Structure. What comprises the Basic Structure is defined in Article 255(1) and the concept requires compliance with Article 257 save for reference to Chapter 16. Though the concept is not set out in the Constitution, what comprises Basic Structure is easily identifiable.
- Justice Francis Tuiyott addresses question of basic structure of the Constitution, says lessons drawn from the 2005 and 2010 referendum is that constitutional amendment is a process and the constituent power is not an alien concept. Constituent power is unlimited.
- Justice Francis Tuiyott now reads part of his judgment, Justice Musinga to finish his later
- After reading High Court decision on BBI, Justice Musinga now reads the four appeals as filed by IEBC, the Attorney-General and President Uhuru Kenyatta.
- The President didn't respond to the petition against him, but the Attorney-General filed grounds of objection stating that President Kenyatta cannot be sued in his personal capacity for acts done during his presidency - Justice Musinga
The Court of Appeal is giving its verdict on the President's controversial three-year quest to change the constitution, a ruling that could shake up the political landscape less than a year before elections.
President Uhuru Kenyatta argues his proposed modifications to the 2010 constitution will help end repeated cycles of election violence, a hot-button issue that has divided the political elite. BY DAILY NATION

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