The Court of Appeal has upheld a High Court verdict nullifying Building Bridges Initiative (BBI) Bill.
The seven-judge bench declared the process unconstitutional and unlawful, effectively sealing the fate of the BBI initiative.
In their ruling, the judges poked holes into the whole BBI process and accused its promoters of failing to follow the right procedure.
Justices Daniel Musinga, Roselyn Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale and Francis Tuiyott found that the process undermined the doctrine of the basic structure of the Constitution of Kenya 2010.
In the judgement that was delivered on Friday, August 20, the Court of Appeal judges outlined three major thematic areas that were highly contested including; the basic structure doctrine, popular initiative and public participation.
In the wake of the ruling, Orange Democratic Movement (ODM) party leader, Raila Odinga, issued a statement regarding the ruling delivered on Friday, August 20.
Raila, through his official social media page, stated that the ruling is not the end of the conversation but forms part of the continuing conversation on the future of the country.
He argued that the parties involved in the process will move and make their own decisions after the judgment. However, he resigned to fate saying it is time to move.
“It is likely that today’s Court of Appeal ruling is not the end of the conversation and the parties involved will each make their own decisions on how to proceed from the decision that has been delivered today. But we feel that we have to move on,” Raila stated.
“This is not an indication of our regard to this noble initiative. Far from that, we feel that we must now see the forest for the trees, and pursue the bigger goal of setting the rest of the issues facing this country right.”
“Without doubt, we shall deal with all the issues in the months and years that will unfold onwards,” Raila added.