Justice William Ouko’s judgment on BBI
Justice William Ouko’s judgment on BBI
Justice William Ouko’s judgment on the BBI appeal:
Basic structure
According to Justice Ouko, any amendment to a provision of the constitution is not subject to an implied limitation but to the amendment powers set out in Articles 255 – 257 of the 2010 Constitution.
Role of the president
Justice Ouko ruled that the president is ineligible to directly or indirectly initiate a popular initiative.
Presidential immunity
He said no civil proceedings can be instituted against the president in his personal capacity.
IEBC’s role in delimitation
Justice Ouko ruled that BBI’s proposal for the creation of 70 constituencies was unconstitutional.
Creation of 70 new constituencies ‘…the second schedule in the BBI Bill is inconsistent with the Constitution…’ Justice William Ouko
IEBC quorum
The electoral body was fully constituted when it undertook the verification of signatures.
Public participation
The proof as to whether there was public participation in the constitutional amendment process is a matter of evidence and rests with the appellants against BBI.
Also read,
Justice Njoki Ndung’u’s Verdict On BBI
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