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BBI judgement summary: why courts declared Kenya’s BBI process unconstitutional, null and void

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The BBI night of shock started on Thursday, May 13, 2021 following a decisive ruling by the courts. These breaking news have since left a divided nation of sad supporters and happy opponents. The BBI judgement summary shares more on what motivated a bench of five judges to declare the proposed Constitutional Amendment Bill 2020 null and void.

Initial reports indicate that the bill suffered defeat because of its controversial sections and questionable process. Even so, the ruling came in the process of debating 17 key petition questions on the BBI process.

What is BBI? But what does BBI mean?

Building Bridges Initiative popularly, BBI, is a constitutional process founded by Kenya’s incumbent President Uhuru Kenyatta and ODM leader Raila Odinga following their historical handshake on March 9, 2018.

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Sadly, a final ruling from the courts has declared the entire BBI process illegal. The blow came weeks before a proposed referendum.  

Let us carry on with BBI stopped by court news and why the involved bench of five judges dropped it with both hands. What next for BBI?

Landmark BBI judgement today – court rules null and void

A tasked team of five judges ruled unanimously against the proposed BBI Bill 2020.

Declaring Kenya’s BBI process unconstitutional, null and void has left front line top legal minds and supporters stranded.

As a result, “BBI nobody can stop reggae” tunes are now stuck between a rock and a hard place.

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Full list of BBI judgement judges

Among the judges selected from Milimani Law Courts to lead the BBI petition negotiations included the following.

  • Joel Ngugi
  • Jairus Ngaah
  • Chacha Mwita
  • George Odunga
  • Justice Teresia Matheka

These trusted legal minds came up with the following findings in relation to various concerns raised by Kenyans.

The struggle by the executive arm of the government to bring about constitutional change goes on.

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BBI judgement summary and court conclusions

All the BBI court cases came to an end following the abolishment of the entire BBI referendum process.

  • The judges determined that the basic structure of the constitution protect core parts from amendments initiated by constituted power or secondary constituted power.
  • The ruling provided that parts comprising the basic structure can only be altered by the people’s sovereign power as opposed to a referendum
  • The facts that it is the head of state who employed the BBI steering committee contravenes Article 257. As a result, the unconstitutional committee renders the entire BBI process unlawful.

Kenyan court stops BBI referendum

The ruling rendered by a committee of 5 judges concludes that the BBI Bill failed to follow the rule law as provided in the Constitution of Kenya 2010 Pdf.

A closer look at the disputed BBI judgement summary gives a better understanding on the application of law, essence of civic education, and self-protection against alterations by those in positions of power.

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