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Justices Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita, and Teresia Matheka unanimously ruled that the entire process that the BBI team followed in coming up with the constitutional amendment was unconstitutional.
Judges said that the president, the government, or any state organ cannot initiate a popular initiative in the constitution.
They said that the Constitution of Kenya Amendment Bill 2020 was a process that was initiated by the president.
This appears as a landmark ruling from the court stopping the president.
In 2017, the Supreme Court under the leadership of former Chief Justice David Maraga nullified Uhuru Kenyatta’s presidential win over numerous irregularities during the election.
The court ordered a repeat presidential election that was later abstained by the opposition.
Following the nullification, Uhuru and his running mate William Ruto criticized the court for nullifying the will of the people.
What followed after Jubilee won the repeat election appeared as a war between the Executive and the Judiciary.
Former CJ Maraga came out to the public to reveal how his office was ignored by the office of the president, including his calls going unanswered.
In September last year, Maraga advised the president to dissolve Parliament for failing to enact legislation to implement the two-thirds gender rule but the advisory was not responded to.
Eyes are now on the BBI team on how they will react to the ruling and if they will appeal the judgment.
BBI secretariat led by Suna East MP Junet Mohamed and Dennis Waweru had earlier asked the court to consider the mood of the people before making a ruling.
They said that the case was the only obstacle standing between the people and the referendum which they had said was to be held on July this year.
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