SUMMARY OF FINAL ORDERS
1.. The basic structure doctrine is applicable in Kenya
2. The basic structure doctrine limits the amendment power to amend the basic structure of the Constitution.
3. The basic structure can only be amended by the primary constituent process.
4. Civil court proceedings can be instituted against the President.
5. The President does not have the authority to initiate an amendment process of the Constitution.
6. The steering committee on the BBI is an unconstitutional and unlawful entity.
7. The steering committee has no legal capacity to initiate any actions towards the amendment of the Constitution.
8. The entire BBI process was done unconstitutionally.
9. Uhuru Muigai Kenyatta has contravened the Constitution.
10. The entire unconstitutional process is unconstitutional null and void.
11. The constitutional amendment bill cannot be subjected to a referendum by IEBC before public participation.
12. At the time of the launch of the BBI bill there was no requisite legislation and or framework.
13. The absence of the requisite legislation in the circumstances rendered the attempt to amend the Constitution through the BBI flawed.
14. Parliament assemblies and parliament cannot change the content of a Bill initiated by a popular initiative.
15. The 70 constituencies are unconstitutional.
16. The 2nd schedule of the IEBC directing the IEBC on its functions is unconstitutional.
17. The 2nd Schedule to the BBI Bill in so far as it purports to delimit constituencies is unconstitutional for want of public participation.
18. The IEBC is permanently barred from taking any amendment steps to the Constitution on the basis of the BBI Bill.
19. Order that the President makes good the funds used in the BBI process is declined.
machakabut 