This archive report was first published on 20 August 2021.
On August 20, 2021, the Appeal Court delivered a landmark ruling that upheld the nullification of the Building Bridges Initiatives (BBI) constitution amendment process, dealing a significant blow to the initiative's promoters.
Orange Democratic Movement leader Raila Odinga, a key stakeholder in the BBI initiative, has welcomed the ruling, stating that parties will 'make their own decisions' going forward.
According to Odinga, the ruling is a 'remarkable' development that forms part of the ongoing conversation on Kenya's future.
He acknowledged that it was time to move on, saying, 'It is likely that this is not the end of the conversation and the parties involved will each make their own decisions on how to proceed from the decision that has been delivered today. That is welcome, as the issues involved need to be deliberated upon to the fullest extent.'
Odinga assured his supporters that the appeals ruling is not an end to the review quest, stating, 'We feel that we must now pursue the bigger goal of setting the rest of the issues facing this country right. The BBI was never a destination but a journey in an ever-evolving way of life.'
The Appeal Court, led by Justice Daniel Musinga, delivered a majority verdict that upheld the basic structure doctrine in Kenya, censuring promoters of the BBI amendment for attempting to use the popular initiative route, which is a reserve of the members of the public and not state officers.
