By Salim Mutuma
President Uhuru Kenyatta and ODM leader Raila Odinga have been dealt a huge blow after the Appellate court upheld an earlier High Court ruling that found the Building Bridges Initiative illegal.
The Judges said there was no transparency in the BBI process and that regulations used by the Independent Electoral and Boundaries Commission were made without adequate public participation.
They said the President cannot initiate constitution amendment as that can only be done through Parliament or a popular initiative by citizens.
The jurists also found the creation of 70 constituencies unconstitutional.
The judges delivered independent rulings and included Hannah Okwengu, Francis Tuiyott, Gatembu Kairu, Fatuma Sichale, Patrick Kiage and Appellate court President Daniel Musinga.
They however quashed earlier High Court ruling that declared the BBI steering committee unlawful.
The IEBC, the Judges said, did not have a quorum to initiate and verify the signatures and consequently barred it from processing the BBI bill.
Mr Odinga, in a statement to media houses, said the landmark ruling was not the end of the conversation and that ‘parties involved will each make own decisions on how to proceed forward.
“We feel we have to move on,” Mr Odinga said in what is construed to mean a likelihood of not challenging the decision at the Supreme court.
ANC Party Leader Musalia Mudavadi said the party “abides by the ruling… but we need to focus on more pressing matters that are crying for attention”.
