Editor's Review

Ahmednasir said the determination by Koome on Uhuru's involvement in the BBI matter means the appeal is dead.

Lawyer Ahmednasir Abdullahi has opined that the BBI appeal is dead.

This is after Chief Justice Martha Koome agreed with the ruling of the High Court and the Court of Appeal that President Uhuru Kenyatta was involved in commencing the BBI initiative.

"The president cannot initiate constitutional amendments via popular initiative. That route is only for citizens, yaani Wanjiku," CJ Koome ruled.

In that regard, Ahmednasir said the decision means that the BBI appeal cannot succeed.

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"BBI is dead..."H.E Uhuru could not commence a popular initiative to amend the constitution" as he was not a Wanjiku," the lawyer tweeted.

The president's involvement in the BBI was one of the key issues of concern that saw the BBI declared null and void by the High Court and Court of appeal.

Earlier on, the CJ overturned the decision of the two lower courts which held that the basic structure doctrine is applicable in Kenya.

Koome noted that the court erred in law by ruling that it was applicable in Kenya.

“I find that the basic structure is not applicable in Kenya and any amendment to the constitution must be carried out within the law,” she ruled.

She said the two courts did not analyse the shortcomings of the basic structure. 

“I disagree with them on the issue of basic structure," she ruled.

CJ Koome is the first of seven judges to read her ruling on several issues after which she is expected to give her judgement.