• Lenaola ruled that the IEBC had quorum.
• He said the second schedule is unconstitutional because there was no public participation.
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