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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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