Reasons why the five judges disapproved BBI.
The BBI was declared unconstitutional ,null and void. This is because the process of initiating the BBI was unlawful.
Here are the reasons why the disappointment;
- The president outstretched his powers by proposing amendments outside his mandates
- The BBI steering committee was unconstitutional . It didn’t meet the IEBC quorum. The IEBC is body with a constitutional mandate to increase constituencies.
- The BBI did not avail enough copies of the Bill to the public.
- The president initiated the constitutional amendment bill . A popular amendment should be initiated by Wanjiku. The executive usurped the role of Wanjiku. The president, government or any state organ cannot initiate a popular initiative to amend the constitution.
- The constitutional amendment bill touched on the basis of the constitution. The process of initiating a constitution amendment should have followed the process of initiating referendum.
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