A declaration hereby issues:
It will require another Bomas(Commission for Constitutional Reform of Kenya to amend anything which touches to the Basic structure of the Constitution . Not feasible bearing in mind that elections are 14 Months away . For this to happen it will require extension of Parliament and Presidency . Very Political. Moi played this game in 2002 When he dissolved Parliament just as Ghai Team were doing the constitution review.
ii. A declaration is hereby made that civil Court proceedings can be instituted against the President or a person performing the functions of the office of
President during their tenure of office in respect of anything done or not done contrary to the Constitution.
vii. A declaration is hereby made that Mr. Uhuru Muigai Kenyatta has contravened Chapter 6 of the
Constitution, and specifically Article 73(1)(a)(i), by initiating and promoting a constitutional change
process contrary to the provisions of the Constitution on amendment of the Constitution.
Basically gave the legal authority for a go ahead to impeach the President . Actually based on Waititus ruling by Justice Mumbi . Uhuru is barred from accessing his office (State House & Harambee House) .Just a matter of time before someone goes back to court seeking interpretation of the same
iii A declaration is hereby made that the President does not have authority under the Constitution to initiate
changes to the Constitution, and that a constitutional amendment can only be initiated by Parliament through a Parliamentary initiative under article 256 or
through a Popular Initiative under Article 257 of the Constitution.
iv. A declaration is hereby made that the Steering Committee on the Implementation of the Building
Bridges to a United Kenya Taskforce Report established by the President vide Kenya Gazette Notice
No. 264 of 3 January, 2020 and published in a special issue of the Kenya Gazette of 10 January, 2020 is an
unconstitutional and unlawful entity.
v. A Declaration is hereby made that being an unconstitutional and unlawful entity, the Steering
Committee on the Implementation of the Building Bridges to a United Kenya Taskforce Report, has no
legal capacity to initiate any action towards promoting constitutional changes under Article 257 of theConstitution
viii. A declaration is hereby made that the entire unconstitutional constitutional change process
promoted by the Steering Committee on the Implementation of the Building Bridges to a United
Kenya Taskforce Report is unconstitutional, null and void.
Means BBI should start all over again . Either through parliamentary initiative or through Popular Initiative . For it to influence 2022 elections . Requires it to be done in such a manner that there is a referendum in July 2021 - Humanly impossible
ix. A declaration is hereby made that the Constitution of Kenya Amendment Bill, 2020 cannot be subjected to a
referendum before the Independent Electoral and Boundaries Commission carries out nationwide voter
registration exercise.
x. A declaration is hereby made that the Independent Electoral and Boundaries Commission does not have
quorum stipulated by section 8 of the IEBC Act as read with paragraph 5 of the Second Schedule to the Act for
purposes of carrying out its business relating to the conduct of the proposed referendum including the
verification of signatures in support of the Constitution of Kenya Amendment Bill under Article
257(4) of the Constitution submitted by the Building Bridges Secretariat.
xi. A declaration is hereby made that at the time of the launch of the Constitutional of Kenya Amendment Bill,
2020 and the collection of endorsement signatures there was no legislation governing the collection,
presentation and verification of signatures nor a legal framework to govern the conduct of referenda.
A declaration is hereby made that the absence of a legislation or legal framework to govern the collection,
presentation and verification of signatures and the conduct of referenda in the circumstances of this case
renders the attempt to amend the Constitution of Kenya through the Constitution of Kenya AmendmentBill, 2020 flawed.
xvii. A declaration is hereby made that Administrative Procedures for the Verification of Signatures in
Support of Constitutional Amendment Referendum made by the Independent Electoral and Boundaries
Commission are illegal, null and void because they were made without quorum, in the absence of legal
authority and in violation of Article 94 of the Constitution and Sections 5, 6 and 11 of the Statutory
Instruments Act, 2013.
Basically kills a referendum in any near future for it to Happen there should be nationwide voter registration exercise which usually takes months to prepare , train and execute . It require resources similar to a General election from funding to recruiting people . Filling of new commissioners by itself will be political , We saw how heated it was in 2012 and 2016 . Basically this means there should be new commissioners and a new secretariat . It by itself is a process which cant happen before July target referendum By BBI team timelines . Currently there are court cases ongoing , expect injunctions which will affect the process . Also a referendum will require parliament to come up with a law . a very tedious process .
xiii. A declaration is hereby made that County Assemblies and Parliament cannot, as part of their constitutional
mandate to consider a Constitution of Kenya Amendment Bill initiated through a Popular Initiative
under Article 257 of the Constitution, change the contents of such a Bill.
Overtaken by events .
xiv. A declaration be and is hereby made that the Second schedule to the Constitution of Kenya (Amendment)
Bill, 2020 in so far as it purports to predetermine the allocation of seventy constituencies is unconstitutional.
xv. A declaration be and is hereby made that the Second schedule to the Constitution of Kenya (Amendment)
Bill, 2020 in so far as it purports to direct the Independent Electoral and Boundaries Commission on
its function of constituency delimitation is unconstitutional
xvi. A declaration be and is hereby made that the Second schedule to the Constitution of Kenya (Amendment)
Bill, 2020 in so far as it purports to have determined by delimitation the number of constituencies and
apportionment within the counties is unconstitutional for want of Public Participation
.
Means to remove .The whole process has to start again . Can it make before July which is a month away ?
xviii. A declaration is hereby made that Article 257(10) of the Constitution requires all the specific proposed
amendments to the Constitution be submitted as separate and distinct referendum questions to the
People.
Kills Railas strategy to pull Ruto to a contest and have him go against Mt Kenya . A similar contest made Kibaki lose Western /Coast in 2005 .
xix. A permanent injunction be and is hereby issued restraining the Independent Electoral and Boundaries
Commission from undertaking any processes required under Article 257(4) and (5) in respect of the
Constitution of Kenya (Amendment) Bill 2020.
One of bone of contention with RV Pundit (Stay orders Vs restraining orders ). Even if COA were to give stay orders in some of the declarations . This one is next to impossible .Meaning
xx. The prayer for an order that Mr. Uhuru Muigai Kenyatta makes good public funds used in the unconstitutional constitutional change process promoted by the Steering Committee on the
Implementation of the Building Bridges to a United Kenya Taskforce Report established by Mr. Uhuru
Muigai Kenyatta is declined for reasons that have been given.
Declined - (If had been given in future Govt would have gone for Uhurus wealth )
xxi. The prayer for the orders that the Honourable Attorney General to ensure that other public officers who have
directed or authorised the use of public funds in the unconstitutional constitutional change process
promoted by the Steering Committee on the Implementation of the Building Bridges to a United
Kenya Taskforce Report make good the said funds isdeclined from the reasons that have been given.
Declined
xxii. The rest of the reliefs in the Consolidated Petitions not
specifically granted are deemed to have been declined.
xxiii. This being a public interest matter, parties shall bear
their own costs.
Insignificant .
Topic: Political Ramifications From Declarations In BBI Judgements (Read 809 times)