Kenya's Court of Appeal rules disputed bid to change constitution illegal

NAIROBI, Kenya

Kenya’s Court of Appeal on Friday ruled that the president’s controversial three-year quest to change the constitution was unconstitutional potentially shaking up the political landscape less than a year before elections.

The ruling upheld a similar judgment by the High Court in May in what was widely regarded as the most significant ruling by Kenyan courts since the nullification of President Uhuru Kenyatta’s election victory in 2017.

One of the judges, Justice Hannah Okwengu, said there was no evidence of meaningful public participation, making the process constitutionally unsustainable.

The court also barred the electoral body, the Independent Electoral and Boundaries Commission (IEBC), permanently from processing the Building Bridges Initiative (BBI) Bill as the quest to amend the Constitution had been deemed illegal.

President Uhuru Kenyatta had argued that his proposed changes to the 2010 constitution will help end repeated cycles of election violence, a contentious issue that has divided the political elite.

The reforms came about following a rapprochement between Kenyatta and his erstwhile opponent Raila Odinga and a famous handshake between the two men after post-election fighting in 2017 left dozens of people dead.

The so-called Building Bridges Initiative (BBI) seeks notably to dilute the existing winner-takes-all electoral system blamed by Kenyatta for poll unrest and create new posts including one of prime minister.

Election campaigns in the East African country are often fought between ethnically based alliances and communal violence can flare, notably in 2007-2008 when more than 1,100 people died.