Justice Smokin Wanjala has agreed with the majority of Supreme Court judges that the Basic Structure Doctrine is not applicable in Kenya
"Basic doctrine is not applicable in Kenya. Contrary to what was decided by the Superior courts, there is no provision in our constitution that is unamendable," he said
He said what they are faced with as a basic structure doctrine is a school of thought or juristic device and not a doctrine in itself.
On the Multiple Referendum Questions, he ruled that the interpretation is not ripe for discussion in any court was still immature.
Regarding the IEBC Quorum, he agreed with the majority that IEBC had a quorum
Wanjala said IEBC met its threshold while handling BBI and disagreed with the Court of Appeal and High Court.
On the Public Participation judge Wanjala that there was no obligation on IEBC to ensure that promoters of the popular initiative met the threshold.
But said that promoters did not undertake purposeful or meaningful public participation.
He said the president cannot be sued in his private capacity during his tenure, but after he retires.
"The President can on occasion be sued where or if he violates the Constitution and if he violates any other law when he is not acting in his capacity as President," he held
On the 2nd schedule on the amendment bill, he ruled that it was unconstitutional.
He also ruled that the president cannot initiate what is referred to as a popular initiative.
But in his opinion, the president did not initiate the popular initiative.
