New administration under Samia Suluhu gives hope after 5 years of hopelessness

[Rutashubanyuma]

The dissenting Judge Sichale findings are bad law in our considered view save her findings President Muigai Kenyatta has no power to initiate a popular constitution reform deploying public resources as Wanjiku.

 

[Rutashubanyuma]

The dissenting Judge Sichale after all is not that dissenting because she dismissed the appeal of reinstatement of the BBI.

She becomes the second Judge to dismiss the appeal. Two more judges are needed to dismiss the BBI

 

[Rutashubanyuma]

The third Judge is making an inquisition of whether the Kenyan constitution has a basic structure

 

[Rutashubanyuma]

Constitution ammendability defines powers and limitations in the constitution reforms

 

[Rutashubanyuma]

Ringera J had already made a decision that parliament has no powers to enact a new constitution that power belongs to the people.

The Parliament can only amend the constitution without altering the value and principles of the Constitution which embodies the basic structure of the constitution.

 

[Rutashubanyuma]

A constitution without a basic structure is a mockery of the whole tenets of a government of laws

 

[Rutashubanyuma]

The third Judge ruled the doctrine of basic structure is applicable in Kenya constitution

 

[Rutashubanyuma]

The third Judge rules that basic structure cannot be amended because it embody values and aspirations of Kenyans

 

[Rutashubanyuma]

Popular constitution initiative is available to all Kenyans regardless of their position so the third Judge rules even the executive can initiate a popular initiative

 

[Rutashubanyuma]

Process began with a handshake followed by the BBI it is a necessary process

 

[Rutashubanyuma]

The handshakers and promoters were acting in the official capacity

 

[Rutashubanyuma]

The third Judge rules there was lack of public participation

 

[Rutashubanyuma]

The third Judge restrains himself from setting out the criteria for public participation

 

[Rutashubanyuma]

The third Judge rules the IEBC certification of over 4 MILL signatures of BBI seconders under Article 257 of Kenyan constitution was not in accordance with the law.

Elections laws amendments were declared unconstitutional

The quorum deficiencies must be addressed within seven days after the vacancy falls.

The deficiencies were not resolved according to the provisions of the law.

Those amendments were successfully challenged in a court of law.

Quorum is what the law states. Article 250 does fit the requirement.

S. 76 (1) of impugned election law did not preclude the intervention of the courts in the constitutionality of the quorum of the IEBC.

The status quo ante stands is 5 commissioners fulfills the legal requirement of the law after the constitutionality of S.76 (1) was declared unconstitutional.

 

[Rutashubanyuma]

An omnibus amendment Bill as of BBI is unconstitutional. Each amendment must stand on its own merit not interwoven with other unrelated bills and presented before the electorate in a referendum

 

[Rutashubanyuma]

The third Judge has dismissed the appeal.

We still need one Judge out of remaining four to dismiss the appeal for BBI to be consigned in a manuscript museum.

 

[Rutashubanyuma]

The Court adjourned to 2:30 pm

 

[Rutashubanyuma]

4th Judge now delivering his decision

 

[Rutashubanyuma]

Basic structure came under furious attack from the appellants

 

[Rutashubanyuma]

Kenyan constitution, indeed, has a basic structure.