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BBI Judgment Day: William Ouko’s Arguments

by Robert Mwangi
2 mins read

Key points in Justice William Ouko’s verdict on the Building Bridges Initiative (BBI).

1. The basic structure doctrine does not apply in the Kenyan context.

2. President Uhuru Kenyatta erred in initiating constitutional amendments through the popular route. He is not an ordinary citizen.

3. The President cannot be sued as a private citizen while still in office.

4. There was enough public participation, save for the second schedule of the referendum Bill.

5. The electoral commission did not break any law while verifying BBI signatures just because only three commissioners were in office.

6. Creation of 70 new constituencies not consistent with the constitution.

Each of the seven judges of the Supreme Court will make individual judgment and Litkenya.com will continue to provide to timely updates.

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