Editor's Review

Judges of the Court of Appeal on Friday, August 20, 2021, upheld the High Court ruling that declared Building Bridges Initiative (BBI) unconstitutional and unlawful. 

Judges of the Court of Appeal on Friday, August 20, 2021, upheld the High Court ruling that declared Building Bridges Initiative (BBI) unconstitutional and unlawful. 

Following the ruling, Gatundu South MP Moses Kuria has predicted that an outsider could emerge to become the fifth President of the Republic of Kenya. 

The legislator further claimed it could be an open transfer window to snap one of the One Kenya Alliance (OKA) principals Kalonzo Musyoka, Moses Wetangula, or Musalia Mudavadi.  

"The biggest winner is Uhuru Kenyatta. He has always yearned to retire with Raila Odinga. He achieved that tonight. OKA orphans are now available on free transfer. Grab one while stocks last. A rank outsider will emerge to be the 5th President of the Republic of Kenya," the legislator wrote on Facebook. 


While issuing the verdict on Friday, the seven-judge bench also issued a permanent injunction restraining the IEBC from processing the Bill or subjecting it to a referendum. 

Justice Patrick Kiage also ruled that President Uhuru Kenyatta is not above the law and must be subordinate to the constitution.

"A popular initiative is a citizen-conceived, citizen-initiated and citizen-driven process. If it is born of presidential fiat, no matter how well intentioned, it ceases to be a popular initiative and must be recognised as a state initiative," he stated.

On the other hand, Court of Appeal President Daniel Musinga said, "BBI steering committee has no legal capacity to initiate any action towards promoting constitutional changes."