Big blow to President Uhuru Kenyatta and the Orange Democratic Movement (ODM) leader Raila Odinga in their bid to appeal to the Building Bridges BBI Case following the Court of Appeal landmark ruling on Referendum.
The court of appeal on Wednesday 2 June ruled that the Independent Electoral and Boundaries Commission (IEBC) is free to conduct all its constitutional mandates, not anything related to the BBI Referendum.
Court of Appeal through Judge Daniel Musinga announced that the High Court decision to declare the IEBC incapable of performing its duties was illegal and unconstitutional since the supreme court bestowed it the required permission to conduct even mni-polls.
“IEBC shall continue to discharge its statutory & administrative functions save for dealing with any of the contentious issues arising from the High court judgment relating to the bill constitution of Kenya amendment bill,” Judge Daniel stated.
It’s now clear and evident that chances of conducting the referendum this year have been decreased since the Constitution of Kenya has no provision for such an exercise 12 months towards the next General Election.
Judge Daniel Musinga in concussion announced that they would listen to the BBI appeal case but did not mention the exact dates.