Justice Fatuma Sichale has upheld the high court order that the president cannot be the promoter of the popular Building Bridges Intiative.
“On personal and official capacity; Can a president cease to be a president without handing power during the tenure of his office?” She posed.
The president cannot be wanjiku and therefore cannot initiate process to amend constitution through popular initiative as provided for in Article 257.”
Reading her judgement on Friday, Sichale found the petition filed against the president was not served upon him. She said at no point was the High Court shown affidavit of service to President Kenyatta, noting that he is entitled to equity and freedom from discrimination.
On the Independent Electoral and Boundaries Commission (IEBC), Justice Sichale said the commission was not null and void.
” I am of the opinion that verification of signatures was not null and void and IEBC did not lack quorum,” She said
This is contrary to what Justice Francis Tuiyott said in his judgement on the BBI. Tuiyott, in his decision said that he found IEBC lacked quorum while verifying BBI signatures.
He says the lack of quorum could lead to members of the public losing confidence in the ability and neutrality of the commission.
The judges were speaking on Friday as the seven-judge bench of the Court of Appeal deliver its decision on the constitutionality of BBI.