This archive report was first published on 20 August 2021.
Published on August 20, 2021, the Court of Appeal has upheld the High Court judgment that nullified the Building Bridges Initiative (BBI) Referendum Bill process.
The 7-judge bench agreed that the BBI process was a presidential initiative and not a popular initiative as submitted to the court by the defence team.
Justice Patrick Kiage took issue with the manner in which Building Bridges Initiative (BBI) Referendum Bill was initiated, stating that everything to do with the Bill was presidential, including the Gazettement of BBI taskforce members.
“The popular initiative route is not available for the President. It is a preserve of the members of the public and it is out of bounds for the President,” the judge said.
He also weighed into the manner in which county assemblies passed the Bill, saying public participation was not done.
“The Bill was rushed through county assemblies at a lightning speed. Some counties did not even pretend to subject the Bill to public participation and some passed it to show party loyalty,” he said.
Justice Kiage also said Members of County Assembly (MCAs) were coaxed with car grants that were released within a record.
On his part, Court of Appeal Justice Kairu Gatembu agreed with the May 14 decision by the High Court that President Kenyatta can be sued in his official capacity.
Responding to the ruling, ODM leader Raila Odinga has issued a statement saying, “It is likely that today’s Court of Appeal ruling 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.”
Deputy President William Ruto said the BBI has now ended and that the promoters should not take Kenyans back to it.
