Thread by @milleniallawyer

Justice Kairu on #BBIRulling
1. Is the basic structure doctrine applicable in Kenya?
Answer:Yes it is.
Appeal on that ground dismissed. More grounds to be covered.
#BBIAppeal

2.

Justice Kairu also says that there are no eternity clauses in the constitution #BBIAppealJudgement

On whether the President can promote the BBI Amendment process, Justice Kairu says "There is no explicit bar on who can promote a popular amendment, even a President can" #BBIRulling #BBIJudgment

Justice Kairu says that The President was not acting in his private capacity as a citizen in leading the amendment process, he was acting in his public capacity as a public officer #BBIAppealJudgement

Further, per Justice Kairu, public awareness, public participation and civic education was not done in the BBI Process #BBIAppealJudgement #BBIAppeal

On verification of signatures, Justice Kairu says that the time provided for scrutiny (3 days) was "grossly insufficient" and that a comprehensive framework is needed to guide the verification process in future. #BBIAppeal

Justice Kairu agrees with Justice Fatuma Sichale that even without a legal framework to guide a referendum, that cannot stop the IEBC from carrying out a referendum #BBIRulling #BBIAppealJudgement

On IEBC quorum, Justice Kairu states that the IEBC had no quorum and that the Appeal of the High Court decision on that question fails. #BBIRulling #BBIAppealJudgement

Should the referendum be on one question or multiple questions?
Justice Kairu says that a draft bill with numerous amendments to the constitution cannot be what was intended. The amendment should deal with one question at a time. #BBIAppealJudgement

Justice Kairu also holds that there is no evidence the President was served with the pleadings but that he can be sued in his personal capacity.