Justice Njoki Ndung'u's verdict on BBI

1. Basic structure is not applicable in Kenya. There is no such thing as eternal clauses in the Constitution.

2. The President was not the promoter of BBI Bill and the popular initiative.

3. The bill on the second schedule had not been enacted into law, hence the law can't express itself in the creation of new constituencies.

4. In appointing the BBI secretariat, the president was discharging his constitutional mandate and therefore nothing to charge him about.  I disagree that the president can be held liable.

5. Promoters are not under any obligation to conduct public participation.  No public participation is needed for the collection of signatures. I disagree with the court of appeal. I disagree that there was no public participation in the BBI process. 

6. IEBC was legally constituted with 3 Commissioners.

7. On referendum questions, one question was sufficient.