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End of Road as Court of Appeal Declares BBI Null And Void

The Court of Appeal has upheld the High Court ruling that the Building Bridges Initiative (BBI) is null and void and its process was unconstitutional.

In a majority decision on Friday, August 20, six of the seven-judge bench, headed by the Court’s President Daniel Musinga tore into the BBI process, declaring several stages and actions unconstitutional and unlawful.

However, the judges expunged part of the High Court orders among them one that indicated Uhuru Kenyatta had contravened Chapter 6 of the Constitution.
The Court of Appeal president Daniel Musinga and judge Patrick Kiage, in their lengthy submissions, agreed with the bench that the president’s role is limited to protecting and defending the Constitution.
“Under our constitutional architecture, the president cannot initiate the process of amendment of the constitution as a popular initiative. His intentions were noble but the execution was not in line with the constitution,” Musinga ruled.

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