CONSTITUTIONAL CHANGE

OMWENGA: Fate of 2022 election lies with Supreme Court’s BBI decision

Seven disputed issues, but one is key: Is there a fundamental structure that cannot be altered?

In Summary
  • If the court holds that the basic structure doctrine is applicable in Kenya, that decision alone will hammer the final nail in the BBI coffin
  • If BBI survives the Supreme Court, then those who have been hoping to postpone the election will have an opening to do just that

The combatants in the battle to slaughter or revive the Building Bridges Initiative had a hearing at the Supreme Court the other day.

The court outlined seven disputed issues that will ...

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