Justice Njoki Ndung’u’s Verdict On BBI; No law limits president’s political rights
Summary of Justice Njoki Ndung’u’sVerdict on the BBI.
1. basic structure ‘…It is not applicable in Kenya. There is no such a thing as eternal clauses in the Constitution…’
2. can the President initiate a popular initiative? ‘the President is elected by the people, and he can exercise delegated power on their behalf.
A popular initiative is not the preserve of some people. It’s not an exclusive process’ Justice Njoki Ndung’u
The President was not the promoter of BBI Bill and the popular initiative.
3. The bill on the second schedule had not been enacted into law, hence the law can’t express itself in the creation of new constituencies.
4. In appointing the BBI secretariat, the president was discharging his constitutional mandate and therefore nothing to charge him about. I disagree that the president can be held liable.
5. Promoters are not under any obligation to conduct public participation. No public participation is needed for the collection of signatures. I disagree with the court of appeal. I disagree that there was no public participation in the BBI process.
6. IEBC was legally constituted with 3 Commissioners.
7. On referendum questions, one question was sufficient.
Justice Njoki Ndung’u ruled that no law limits the President of the Republic of Kenya from initiating a popular initiative.
It is my finding that the president in appointing the BBI task force was discharging his mandate in promoting and enhancing the unity of Kenya.
There was no basis for concluding that the president’s actions contravened the constitution to deprive him of the immunity he enjoys.