The seven-judge bench made up of Court of Appeal President Daniel Musinga, Justices Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye and Francis Tuiyot has been on a 50 -day retreat writing the ruling to be delivered on Friday.
A five-judge bench in the High Court comprising of Justices Ngugi, Odunga, Ngaah and Matheka, Mwita declared the BBI process to amend the 2010 Constitution as unconstitutional, null and void.
In their ruling, the judges who have been hailed for their findings said a constitutional amendment through a popular initiative is only a preserve of the ordinary Kenyans and not the Executive.
They declared that the 14- member BBI task force—which was headed by the late Garissa Senator Yusuf Haji was an unlawful entity.
In the hard-hitting ruling, the judges also ruled that Uhuru violated Chapter 6 of the Constitution on leadership and integrity noting that the President initiated and promoted a constitutional change process contrary to the provisions of the Constitution on the amendment.
The judges also said civil court proceedings can be instituted against Uhuru or a person performing the functions of the office of President during their tenure of office in respect of anything done or not done contrary to the Constitution.
Edited by D Tarus
