The President is not an MP and cannot purport to initiate a popular initiative to change the Constitution.
The High Court declared the Building Bridges Initiative (BBI) as irregular, illegal and unconstitutional, null and void. Dead.
The High Court fell short of mentioning that President Uhuru Kenyatta should be impeached. That he is unsuitable to hold the office of the President according to the Constitution of Kenya.
The Court said the President of the Republic of Kenya failed to Article 231 (2) (c) of the Constitution. That he has failed to respect, uphold and safeguard the Constitution of Kenya. That the Son of Jomo has failed the leadership and integrity test under Article 73 (1) (a).
By purporting to have initiated the process to change the Constitution, the High Court says the Head of State acted outside his constitutional mandate.
Justice Chacha Mwita says the President can be sued personally if he acts outside the Constitution of Kenya or if he does anything in disregard of the Constitution of Kenya.
Justice James Nyagah said that a Constitutional amendment can either be initiated by a Parliamentary initiative or a popular initiative. It is clear that the 2020 constitutional amendment initiative is an initiative of the President. The President is not an MP and cannot, therefore, directly purport to initiate a popular initiative.
The High Court has spoken for millions of Kenyans and the streets are happy. The wounded lions are expected to appeal the ruling.