Seven Court of Appeal Judges have shot down the Building Bridges Initiative with the role of President Uhuru Kenyatta being the center of focus.
The Court of Appeal Judges who included, Daniel Musinga, Judges Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuiyot judges issued their verdict on Friday and ruled that the BBI was not a wanjiku diven process as the appellants argued.
The judges also argued that the Independent Electoral and Boundaries Commission lacked the quorum to verify the signatures.
First judge to hit the IEBC was Justice Francis Tuiyot who stated that arguments that IEBC was in quorum with the current three commissioners was weakening the commission.
“To hold that the quorum of IEBC can be anything less than four Commissioners, is to weaken the commission. I hold that IEBC was not quorate when it verified the signatures,” he stated.
Justice Kiage further hammered Tuiyot’s statement stating that, “Quorum of IEBC cannot be three, quorum of IEBC must be five.”
Justice Fatuma Sichale however differed with her colleagues saying that the verification signatuire was not a policy process that required a quorum.
“In my view, the issue of verification of signatures is not a policy but operational decision, verification of signatures is not null and void,´she said.
Justice Hannah Okwengu also challenged the constitutionality of the whole BBI process saying it lacked basic structure, popular initiative and public participation
“In regard to amendments, the constitution is explicit and self-sufficient. Amendments of the constitution must be within constitutional boundaries so that we do not deviate from the original,” she said.