BBI RULING

BBI judgement: Judge Isaac Lenaola's verdict on case

Jutice Lenaola held that the IEBC had quorum even if not fully constituted.

In Summary

• Lenaola ruled that the IEBC had quorum.

• He said the second schedule is unconstitutional because there was no public participation.

Judge Isaac Lenaola ata past event.
Judge Isaac Lenaola ata past event.
Image: FILE

Justice Isaac Lenaola agreed with Chief Justice Martha Koome that basic structure is not applicable in Kenya.

He also agreed that the president is not permitted to initiate constitutional changes through the popular initiative.

Lenaola held that the public participation provision was not met.

He said the second schedule is unconstitutional because there was no public participation.

"Civil proceedings can not be instituted against the president during their tenure of office," he ruled.

He has however dissented on the issue of who the promoter of BBI was disagreeing with the other two judges saying the president was not the promoter

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