BBI at Supreme Court - Liveblog
Justice Smokin Wanjala
Justice Njoki Ndung'u
Justice Isaac Lenaola
Justice Ouko
CJ Martha Koome
Justice Smokin Wanjala
- Justice Ndung'u: Nature of referendum questions was premature.
- Justice Ndung'u: IEBC had quorum with 3 commissioners.
- Justice Ndung'u on public participation - There was no requirement for public participation during signature collection or publication of the Bill in braile and the national languages. It is my assumption that when a supporter signs, such a supporter has read the Bill before appending signature and the promoter has made the Bill understood.
- Justice Ndung'u: The President is immune to civil proceedings as stated in Article 143 of the Constitution. The President is not a single source of Executive power.
- Justice Ndung'u: The Second Schedule of the Bill conflicts with substantive provisions of Article 89 of the Constitution. It is unconstitutional.
- Justice Ndung'u: BBI Bill was not unconstitutional. President did not initiate the BBI process and was not the promoter.
- Justice Ndung'u: Looking at the evidence, I am convinced the BBI promoters are Dennis Waweru and Junet Mohammed, not the President.
- Justice Ndung'u: Popular Initiative amendment is not a preserve of specific persons. Anybody can use it including the people and their representatives.
- Justice Ndung'u: President can initiate a popular initiative to amend the Constitution in his official and personal capacity. He cannot introduce the amendment through Parliament since he is not an MP.
- Justice Ndung'u: No historical evidence that the President should be excluded in initiating a popular initiative to amend the Constitution. He enjoys freedom and rights like any other Kenyan.
- Justice Ndung'u: Popular Initiative is about numbers, not the promoter or who brings it or initiates it. The superior courts made an error in finding that the word popular refers to the promoter and not the numbers.
- Justice Ndung'u: The President is not limited on measures he can take in exercise of his powers. In promoting and enhancing national unity, he can initiate a constitutional amendment through a popular initiative.
- Justice Ndung'u: I do not consider any provision in the Constitution unamenable. The Constitution itself provides procedures of its amendment. I do not see need to import the so called Basic Structure. The 4 sequential steps are not mandatory since they are not provided in the law.
- Justice Ndung'u: Basic Structure doctrine is not applicable in Kenya. BY DAILY NATION

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