2021 Kenyan constitutional referendum

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The "Building Bridges Initiative" (BBI) was a constitutional referendum scheduled to occur in Kenya in June 2021.[1] The initiative consisted of a series of 78 proposed amendments to the Constitution of Kenya and spanned 13 of its 18 chapters.[2] The referendum, which was approved by 30 of the 47 county assemblies, was halted on May 13, 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.[3][4] 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.[5][6]

On August 20, 2021, a seven-judge panel from Kenya's Court of Appeal upheld the High Court's ruling that the BBI process was unconstitutional.[7]

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.[8]

Constitutional amendments[]

The initiative's amendments were based on the works of a task force and steering committee established by Kenyan President Uhuru Kenyatta in early 2020.[9][10] On February 23, 2021, 30 of the 47 county assemblies approved the BBI referendum. The approval of at least 24 counties is needed to trigger a plebiscite.[11]

BBI included, among other topics, eight proposed amendments to the Kenyan constitution. These included changes relating to corruption; divisive elections; safety and security; responsibilities and rights; devolution; ethnic antagonism and competition; and national ethos, inclusivity and shared prosperity.[10][12][13][14] The initiative also included a proposal to alter the executive structure of the Kenyan government through the reestablishment of the Prime Minister of Kenya and two Deputy Prime Ministers.[13]

See also[]

  • Constitution of Kenya
  • Constitutional Reforms in Kenya
  • Kenyan constitutional referendum, 2005
  • Kenyan constitutional referendum, 2010

References[]

  1. ^ "Kenyatta in steep and precarious journey towards June referendum". The East African. Retrieved 8 February 2021.
  2. ^ "@governorkibwana". Retrieved 28 February 2020.
  3. ^ "BBI judgement: The orders issued by court". Business Daily Africa. 14 May 2021. Retrieved 16 May 2021.
  4. ^ Omondi, Ian (14 May 2021). "High Court declares BBI Bill unconstitutional". Citizen TV. Retrieved 16 May 2021.
  5. ^ Muhindi, Susan (16 May 2021). "Attorney General files notice of appeal on BBI ruling". The Star. Retrieved 16 May 2021.
  6. ^ "Kenya gov't appeals ruling against BBI constitutional changes". Al Jazeera. 2 June 2021. Retrieved 1 July 2021.
  7. ^ Miriri, Duncan (20 August 2021). "Kenyan appeals court upholds order to halt president's constitutional changes". Reuters. Retrieved 25 August 2021.
  8. ^ "Kenya : le gouvernement en Cour Suprême sur la révision constitutionnelle". Africanews. 4 September 2021. Retrieved 4 September 2021.
  9. ^
  10. ^ a b "Report of the Steering Committee on the Implementation of the Building Bridges to a United Kenya Taskforce Report" (PDF). Building Bridges Initiative. Retrieved 28 February 2020.
  11. ^ "Kenya set for referendum as over 30 counties pass BBI". Business Daily Africa.com. Retrieved 28 February 2020.
  12. ^ "Proposed Legislative Reforms". Building Bridges Initiative. Retrieved 28 February 2020.
  13. ^ a b "Kenya: Referendum new sticking point in BBI constitutional amendment bill". The Africa Report.com. 3 December 2020. Retrieved 8 February 2021.
  14. ^ "10 major BBI proposals that you need to know about before the referendum". tuko.co.ke. Retrieved 28 February 2020.

External links[]


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