The High Court, in a five bench judge ruling, has annulled the BBI referendum process throwing the future of the initiative into uncertainty or what seems to be echoed by wanjiku as reggae having been stopped. However the most important question that we should be asking is, where does the buck stop?
A bench comprising Justices Ngugi J., Odunga G., Jairus Ngaah, Teresia Matheka and Chacha Mwita all held the same opinion that the constitution bears essential features on its basic structure that cannot be amended.The petitioners had argued that BBI referendum bill was not the will of people but was simply based on the changing political and socio-economic interests. The court held that the BBI secretariat and steering committee failed to provide critical information to the public as outlined in the procedures to amend the constitution through a popular initiative.
The Court also observed that the president cannot initiate a process to change the constitution in the pretext of promoting national unity. In it’s holding the court invalidated the acts of I.E.B.C whose decisions had been made without quorum thus rendering their actions and pronouncements null and void from the get go.