This archive report was first published on 20 August 2021.
Published on August 20, 2021, the Court of Appeal's ruling marked a significant milestone in Kenya's constitutional history.
On Friday, a seven-judge bench, headed by President Daniel Musinga, delivered a majority decision that upheld the High Court's ruling nullifying the Building Bridges Initiative (BBI) process.
The judges declared several stages and actions of the BBI process unconstitutional and unlawful, but expunged part of the High Court orders, including one that said President Uhuru Kenyatta had contravened Chapter Six of the Constitution.
Justice Gatembu Kairu argued that President Uhuru Kenyatta acted in his official capacity when he initiated the BBI process, stating, 'Constitutional change is a preserve of the people exercising sovereign power.'
Justice Patrick Kiage added, 'The whole process was null and void, and I'm happy we have kept the constitution sound and safe up until this moment.'
Reacting to the ruling, ODM Leader Raila Odinga said it was time for the country to move forward, while ODM Secretary General Edwin Sifuna described the BBI process as a conversation that should not have winners or losers.
Senator Kipchumba Murkomen congratulated the judges, saying Kenya had won, while renowned advocate PLO Lumumba hailed the ruling as a good sign of patriotism from the judges.
