The Building Bridges Initiative has hit a dead end after the Supreme Court judges ruled against it.
The ruling was delivered by a seven-judge bench on Thursday.
The bench ruled that the BBI Amendment Bill was unconstitutional.
Six judges agreed that the President cannot lead a popular initiative to amend the Constitution.
“The Basic Structure Doctrine is not applicable in Kenya. In order to amend the Constitution of Kenya 2010, the four sequential steps are not necessary,” Koome said.
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The justices are; Chief Justice Martha Koome, Justice William Ouko, Justice Isaac Lenaola, Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala and Smokin Wanjala.
Justice Njoki Ndung’u differed from the rest and ruled that the President enjoys all rights and he is a citizen like all others and he could also initiate a popular initiative.
“No law limits his rights including political rights like initiating constitutional change. Giving him office does not muzzle his rights. All Kenyans are equal,” she said on Thursday.
Judge Njoki also held that the basic structure doctrine has only been accepted in a few countries and has not ascended to a norm of international general application.
She further said that the constituent power cannot be governed by the Constitution. Four sequential steps are not mandatory unless outlined in a law.
BBI was declared unconstitutional, null and void by the Court of Appeal on August 25, 2021.