2021 Kenyan constitutional referendum attempt information
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The Building Bridges Initiative (BBI) was a proposed set of amendments to the Constitution of Kenya initially proposed in October 2019. In the wake of the 2017 general election annulment and subsequent re-run, incumbent President Uhuru Kenyatta mandated the formation of the Presidential Taskforce on Building Bridges to Unity Advisory on 31 May 2018.[1] The Taskforce was assigned to provide constitutional and legislative solutions in 9 broad categories:[2]
Lack of National Ethos
Ethnic Antagonism and Competition
Responsibilities and Rights
Shared Prosperity
Divisive Elections
Safety and Security
Devolution
Corruption
Inclusivity
In October 2019, the Taskforce published their findings,[1] which were incorporated into the Constitutional Amendment Bill,[3] introduced in November 2020.[1][3] The initiative consisted of 78 amendments, spanning 13 of the Constitution's 18 chapters.[4] After the Bill passed, a Constitutional referendum was scheduled to occur in Kenya in June 2021, per the Kenyan Constitution.[5]
The referendum, which was approved by 30 of the 47 county assemblies, was halted on 13 May 2021, by a five-judge panel of the High Court of Kenya. In its decision, the court stated that the process by which the referendum was formed was unconstitutional and barred the Independent Electoral and Boundaries Commission from proceeding with the referendum.[6][7] In response to this, the Attorney General of Kenya and the Kenyan government filed an appeal of the court's decision, asking that the ruling be overturned.[8][9]
On 20 August 2021, a seven-judge panel from Kenya's Court of Appeal upheld the High Court's ruling that the BBI process was unconstitutional.[10]
In September 2021, Kenya's Attorney General's Office filed a notice of appeal announcing that it will challenge the Court of Appeal's ruling, taking the case to Kenya's Supreme Court.[11]
On 31 March 2022, the Supreme Court of Kenya upheld the rulings of the lower courts, ruling that "The Constitution Amendment Bill of 2020 is unconstitutional," because President Kenyatta initiated the amendments through his creation of the Presidential Taskforce on Building Bridges to Unity Advisory, and vocal endorsement of the legislation crafted based on their findings.[12][13]
^ abc"Building Bridges to a United Kenya: from a nation of blood ties to a nation of ideals" (PDF). October 2019.
^"BBI Kenya". BBI Kenya Official. Retrieved 7 April 2022.
^ abBill to amend the Constitution of Kenya, 2010—
^"@governorkibwana". Retrieved 28 February 2020.
^"Kenyatta in steep and precarious journey towards June referendum". The East African. 12 January 2021. Retrieved 8 February 2021.
^"BBI judgement: The orders issued by court". Business Daily Africa. 14 May 2021. Retrieved 16 May 2021.
^Omondi, Ian (14 May 2021). "High Court declares BBI Bill unconstitutional". Citizen TV. Retrieved 16 May 2021.
^Muhindi, Susan (16 May 2021). "Attorney General files notice of appeal on BBI ruling". The Star. Retrieved 16 May 2021.
^"Kenya gov't appeals ruling against BBI constitutional changes". Al Jazeera. 2 June 2021. Retrieved 1 July 2021.
^Miriri, Duncan (20 August 2021). "Kenyan appeals court upholds order to halt president's constitutional changes". Reuters. Retrieved 25 August 2021.
^"Kenya : le gouvernement en Cour Suprême sur la révision constitutionnelle". Africanews. 4 September 2021. Retrieved 4 September 2021.
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