SUPREME COURT FINDINGS ON THE BBI APPEAL
1) Whether the Basic Structure Doctrine is applicable in Kenya.
Koome CJ : No
Mwilu DCJ :
Ouko SCJ : No
Njoki SCJ : No
Lenaola SCJ : No
Wanjala SCJ :
Ibrahim SCJ :
2) Whether there ought to have been a multi-choice referendum question.
Koome CJ : The issue was prematurely considered by HC & CoA. CoA decision is therefore set aside.
Mwilu DCJ :
Ouko SCJ : The issue was prematurely considered by the HC & CoA. CoA decision is therefore set aside.
Njoki SCJ : The issue was prematurely considered by the HC & CoA. CoA decision is therefore set aside.
Lenaola SCJ : The issue was prematurely considered by the HC & CoA. CoA decision is therefore set aside.
Wanjala SCJ :
Ibrahim SCJ :
3) Whether the President (and state institutions) can initiate changes to amend the Constitution.
Koome CJ : No
Mwilu DCJ :
Ouko SCJ : No
Njoki SCJ : Yes (And in in case of BBI the President was neither the initiator nor promoter)
Lenaola SCJ : No (But in the case of BBI, the President was neither the initiator nor the promoter)
Wanjala SCJ :
Ibrahim SCJ :
4) Whether there was sufficient public participation in the BBI constitutional amendment process.
Koome CJ : Yes (Save for the addition of the 2nd Schedule on the creation of 70 new Consistencies which was a late addition in the Amendment Bill)
Mwilu DCJ :
Ouko SCJ : Yes (Save for addition of the 2nd Schedule in the Amendment Bill)
Njoki SCJ : Yes (And the consideration of the constitutionality of the inclusion of 2nd Schedule to the Amendment Bill by the HC & CoA was premature. However the schedule is unconstitutional. )
Lenaola SCJ : Yes (Save for addition of the 2nd Schedule in the Amendment Bill)
Wanjala SCJ :
Ibrahim SCJ:
5) Whether IEBC had an obligation to ensure there was sufficient public participation during the signature collection.
Koome CJ : No
Mwilu DCJ :
Ouko SCJ : No
Njoki SCJ : No
Lenaola SCJ : No
Wanjala SCJ :
Ibrahim SCJ :
6) Whether the President enjoys immunity against civil proceedings in court in his personal capacity.
Koome CJ : Yes
Mwilu DCJ :
Ouko SCJ : Yes
Njoki SCJ : Yes
Lenaola SCJ : Yes
Wanjala SCJ :
Ibrahim SCJ :
7) Whether IEBC had quorum during the verification of signatures.
Koome CJ : Yes
Mwilu DCJ :
Ouko SCJ : Yes
Njoki SCJ : Yes
Lenaola SCJ : Yes
Wanjala SCJ :
Ibrahim SCJ :
