A five-judge bench on Thursday evening declared the Building Bridges Initiative (BBI) unconstitutional.
The five judges, Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita and Teresia Matheka unanimously ruled that the BBI initiative had massive constitutional flaws.
The court stated that the President cannot initiate popular initiative constitutional amendments. It cited that the BBI taskforce was a presidential taskforce and not the people’s initiative.
In the nearly three hours ruling delivered at the Milimani Law Courts, the judges said President Uhuru Kenyatta failed the integrity test.
Among a litany of issues cited as unconstitutional by the court was the BBI Steering Committee.
The judges also cited that public participation did not meet the prescribed threshold by the Constitution.
“President Uhuru Kenyatta violated Article 131 (2) (c) of The Constitution of Kenya. He has failed to respect, uphold and safeguard the Constitution. He has failed the leadership and integrity test under Article 73 (1) (a),” part of the ruling read.
After the much-celebrated ruling by BBI opponents, Deputy President was first to break silence.
Although he did not allude directly to the BBI ruling, he said that it is the many of firsts.
“There is GOD in heaven who loves Kenya immeasurably. May GOD’S name be PRAISED forever,” Ruto tweeted.
Narc Kenya’s Martha Karua who has been opposing the BBI said that the ruling sends a strong message to Kenyans.
“Today’s ruling is a great affirmation to constitutionalism and the rule of law.”
Elgeyo Marakwet Senator Kipchumba Murkomen, a key supporter of the Tanga Tanga faction opposed to the BBI hailed the five judges.
“When the history of Kenya is properly written,the contribution of Justices Joel Ngugi, George Odunga, Jairus Ngaah,Chacha Mwita and Teresia Matheka will be written in golden letters.They are part of the few remaining Kenyan prophets who have not bowed down to Baal.God bless you,” Murkomen said.
Moses Kuria said “There was nothing really wrong with BBI except that it was a fraud. As I have been saying #FinishAndGo.”