Promoters of the Building Bridges Initiative (BBI) will tonight be racking their brains after the High Court appeared to their bid to amend the 2010 Constitution.
A five-judge bench was this evening ruling on whether the bid to change the Constitution through BBI followed all the legal procedures.
Several petitioners had raised 17 questions for the court to answer.
The points made so far by the bench indicate that the High Court could declare the whole process unconstitutional.
The judges — Joel Ngugi, George Odunga, Jarius Ngaah, Janet Mulwa and Chacha Mwita — argued that the bid to change the law through the popular initiate can only be started by the people and not the President or the government.
By initiating the BBI, they said, President Uhuru Kenyatta failed to protect the Constitution.
The bench added the Head of State can be sued for violating some sections of the country’s supreme law.
Declaring the BBI steering committee illegal, the judges noted that some articles of the 2010 Constitution could not be changed.
More to follow…