UHURU cannot be a Wanjiku to initiate the BBI process – Justice FATUMA SICHALE says as she complicates the BBI ruling

 Friday, August 20, 2021 – The Building Bridges Initiative (BBI) case is currently ongoing at the Court of Appeal building in Nairobi where a Seven Judge Bench is expected to rule on the validity of the Building Bridges Initiative (BBI)

The seven-judge bench consists of Justice Daniel Musinga, Justice Fatuma Sichale, Justice Gatembu Kairu, Justice Patrick Kiage, Justice Hannah Okwengo, Justice Rosylene Nambuye, and Justice Francis Tuiyot.

In her ruling, Justice Sichale tackled the question of whether the president can initiate the process of amending the constitution as a private citizen.

According to Sichale, the president ceased to be a Wanjiku the day he assumed power as the president of Kenya.

“In personal & official capacity; can a president cease to be president without handing over power during the tenure of his office? The president cannot be a Wanjiku & therefore cannot initiate a process to amend the constitution through the popular initiative,” Sichale said.

“The proposals by Hon. Junet & Waweru would best have been channeled through a parliamentary process, the route of the popular initiative was not open to them as this was not a Wanjiku.” Sichale added.