Justice Mohamed Ibrahim: President has role to play in amendment

Supreme Court Judge, Justice Mohamed Ibrahim, during the BBI ruling at Supreme Court in Nairobi, on Thursday, March 31, 2022 [David Njaaga, Standard]

Supreme Court judge Mohamed Ibrahim said the basic structure doctrine applies in Kenya, in a dissenting ruling delivered yesterday.

Justice Mohamed said the country has over time grappled with amendable and non-amendable clauses of the Constitution for years. He said the courts have recognised the principle of basic structure by finding that Parliament has no powers to amend the Constitution.