Court of Appeal upholds high court's judgement on BBI.

Court of Appeal judges during the rulling

A seven court of Appeal judge bench consisting of court of Appeal President Daniel Musinga, Justices Roselyn Nambuye , Hanna Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale,Francis Taigutt, yesterday made a landmark ruling by nullifying the constitutional amendment bill known as BBI.

The court of Appeal upheld the high court's ruling that nullified the initiative terming it unconstitutional.In one voice the seven judgements came to an agreement that the process was initiated by the president and therefore not a popular initiative as the defence team had argued.

In their judgement they insisted that, before a constitutional amendment, at least four processes must be achieved that is ;Civic education public participation County assembly Debate and the referendum

In his judgment Justice Patrick pointed out the way the BBI referendum was initiated ,also the Gazettement of the BBI task force was done by the president.

Justice Patrick Kiage

“The popular initiative Route is not available for the president it is a preserve of the public and it is out of bounds for the president, the bill was rushed through  County assemblies at a lightning speed, some Counties did not even pretend to subject the bill to public participation some passed it to show party loyalty,” he said. 

He went on to question the way County assembly members were lured with car grants that were releasing at a record speed for them to pass the bill. “County assemblies rushed the process because of incentives such as car grants as if they wanted to show gratitude, “he mocked.

On their ruling justices Gatembu and Fatuma Sichele appeared to share the same argument that the president can be sued in his official capacity.
“High Court record continue to show that there was no appearance for the first respondent the president the president was served by email on 21st December the president can be sued in his personal capacity during his tenure,” Justice Gatembu ruled.

After the court of Appeal verdict, ODM leader Raila Odinga said that the parties involved will make a decision on how to move on.

“It is likely that today is court of Appeal ruling is not the end of the conversation and the parties involved with each make their own decision on how to proceed from the decision that has been delivered today,” part of the statement read.

On the other hand deputy President William ruto said that the baby movement has ended now under the promoters of the bills should I get the verdict and move forward,”The dice is cast,hakuna vile wanaeza rudisha haya maneno huko nyuma,” he said.