This archive report was first published on 21 August 2021.
On August 21, 2021, the Court of Appeal dealt a significant blow to President Uhuru Kenyatta's hopes for a Building Bridges Initiative (BBI) win, ruling that he acted unconstitutionally in initiating the Constitutional (Amendment) Bill, 2020.
Seven judges, led by Justices Daniel Musinga, Patrick Kiage, Hannah Okwengu, Gatembu Kairu, Fatuma Sichale, Roselyn Nambuye, and Francis Tuiyott, dismissed the appeal, stating that the avenue to change the law through a popular initiative is an exclusive reserve for the common man, not for someone who has been enjoying the trappings of power for the last nine years.
Justice Kiage's scathing remark, 'The days of an unaccountable President are long gone,' underscored the court's disapproval of the President's actions.
President Kenyatta had previously expressed confidence in the BBI team's chances, citing the expertise of Senator James Orengo, who was leading the appeal. However, the court's verdict has complicated the succession arithmetic, making it more challenging for the President to broker a deal between ODM leader Raila Odinga and co-principals of the One Kenya Alliance.
