Supreme Court of Kenya issues directions on the BBI appeals

The Supreme Court of Kenya on November  9, 2021, issued directions on the Building Bridges Initiative (BBI) appeals which had raised the following 7 issues.
1. Whether the basic structure doctrine is applicable in Kenya. If so, the extent of its application. Whether the basic structure of the Constitution can only be altered through the primary constituent power and what constitutes the primary constituent power.
2.Whether the President can initiate changes and/or amendments to the Constitution & whether constitutional amendments can only be initiated by Parliament through a Parliamentary initiative under Article 256 of the Constitution or through a popular initiative under Article 257.
3. Whether the 2nd Schedule of the Constitution of Kenya Amendment Bill 2020 was unconstitutional.
4.Whether Civil Proceedings can be initiated against the President or a person performing the functions of the Office of the President during their tenure of office with regard to anything done or not done contrary to the Constitution.
5. The place of public participation under Article 10 vis a vis the role of IEBC under Article 257(4) of the Constitution and whether there was public participation in respect to the Constitution of Kenya Amendment Bill 2020.
6.The interpretation of Article 88 and Article 250 of the Constitution with respect to the composition and quorum of the IEBC.
7.Whether the interpretation of Article 257 (10) of the Constitution entails and/or requires that all proposed specific amendments to the Constitution should be submitted as separate and distinct referendum questions.
The court directed that consolidated BBI petitions shall be heard on 3 consecutive days 18th, 19th and 20th January 2022.
Scroll Up