The High Court has ruled that the creation of 70 more constituencies by the so-called Building Bridges Initiative (BBI) is irregular, illegal, and unconditional.
According to the 5-judge-bench, the creation of the 70 constituencies ignores the criteria that the Constitution states.
The judges also said that the creation of the 70 directs the Independent Electoral and Boundaries Commission (IEBC) to do what the Constitution does not mandate them to do.
The Court says the fact that the publication did not take part in deciding the addition of the 70 constituencies, the whole process is illegal on that account.
Currently, Kenya has 290 constituencies. An additional of 70 will make it 360. This will mean the IEBC will have to draw the boundaries afresh.
The court has not said that the constituencies cannot be amended. They can, provided due process is followed.
County Assemblies discussed and passed the BBI. It later emerged that some counties “discussed” and passed “fake documents.”
The BBI document has also been discussed by the National Assembly together with the Senate and passed, paving way for the referendum.
The High Court has stopped Reggae for a while and the proponents will have to go back to the drawing table.
In terms of having Kenyans vote on each amendment, the Court says it what should be done. Every matter should be voted upon by Kenyans differently.
Kenyans might agree with some and reject the others. Proponents of BBI had rejected the multiple-choice referendum with former Prime Minister Raila Odinga saying Kenyans were too “illiterate” to understand them.
What next for the reggae caravan?