This archive report was first published on 20 August 2021.
On August 20, 2021, Kenya's Court of Appeal Judge Fatuma Sichale delivered a significant ruling on the applicability of the basic structure doctrine in the country.
Disagreeing with the Constitutional Court's view, Judge Sichale stated that the reference to the doctrine was 'far-fetched' and that the Constitution is clear on the procedure for amendments.
She further clarified that validation of signatures in support of an amendment bill does not require a quorate electoral commission.
Additionally, Judge Sichale found that the proposal to create 70 new constituencies by the promoters of the Building Bridges Initiative (BBI) constitutional review process was within constitutional limits.
She emphasized that the role of the Independent Electoral and Boundaries Commission is limited to the delimitation of constituencies.
