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Court of Appeal Judge Patrick Kiage has took issue with the manner in which Building Bridges Initiative (BBI) Referendum Bill was initiated.
Justice Kiage said it was not a popular initiative as claimed by the defence lawyers.
He said everything to do with the Bill was presidential including Gazettement of BBI taskforce members.
"The popular initiative route is not available for the President. It is a preserve of the members of the public and it is out of bounds for the President," the judge said.
He said although the initiative became popular among Kenyans, it was not a popular initiative.
The judge also weighed into the manner in which county assemblies passed the Bill saying public participation was not done.
"The Bill was rushed through county assemblies at a lightning speed. Some counties did not even pretend to subject the Bill to public participation and some passed it to show party loyalty," he said.
Justice Kiage also said Members of County Assembly (MCAs) were coaxed with car grants that were released within a record.
"County assemblies rushed the process because of incentives such as car grants as if they wanted to show gratitude," the learned judge said.