The Court of Appeal has upheld the High Court ruling that declared the BBI constitutional amendment process unconstitutional.
A seven-bench judge made the landmark ruling on Friday evening.
The seven Court of Appeal Judges included; Daniel Musinga, Hanna Okwengu, Patrick Kiage, Roselyne Nambuye, Francis Tuiyott, Fatuma Sichale and Gatembu Kairu.
Each judge delivered their own verdict in the ruling that lasted for more than half the day.
More judges had a popular ruling that the President cannot initiate Constitutional change through popular initiative because he is the president, therefore taking him out of the ‘general public’ category.
The court of appeal also ruled that the President violated the constitution by initiating the amendment yet he swore to protect and uphold the constitution.
Also declared unconstitutional and unlawful was the President’s appointment of the BBI steering committee.
A section of the judges also held the opinion that County Assemblies did not involve the residents within their respective counties, therefore flouting the much necessary public participation.
“County Assemblies did not involve resident-citizens in their counties. Some Assemblies ‘passed the Bill in a matter of days’ without involving the citizens,” said Justice Kiage.
The Appellate Court also barred the Independent Electoral and Boundaries Commission from processing the BBI Bill since the push to amend the constitution was illegal.
One of the major proponents of the BBI process ODM leader Raila Odinga has already accepted the Appellate Court’s verdict and said he has moved on.
Raila ruled out the possibility of moving to the Supreme Court, saying it would just be a waste of time.