Five Bench Judge has declared the constitution amendment bill (BBI) unconstitutional

A Five Bench Judge has declared the constitution amendment bill (BBI) unconstitutional.
Furthermore, the Judges declared that as soon as the Auditor General completes audit of all the costs, the President and opposition leader Raila Odinga will have to bear the costs of the manifestly illegal BBI Process.

High Court Findings;
The court found that BBI Steering Committee is unlawful and BBI is a hybrid initiative unknown to the constitution, therefore the court in its finding declared that the popular initiative as means to amend the constitution under article 257 of the constitution is a power reserved for the citizens. Neither the president nor any state organ can utilize article 257 of the constitution to amend the constitution.
Further, a constitutional amendment can either be initiated by a Parliamentary or Popular initiative. The honors said that, It is clear that BBI Bill is an initiative of the President who is not an MP and cannot directly purport to initiate a constitutional amendment (Justice Jairus Ngaah)
The ruling additionally stated that Kenyans are mandated to protect the structure of their 2010 Constitution and erosion of public participation over elite consensus is unlawful.

The ruling by the court also said that there are limits to Constitutional amendment powers and the High Court finds: the basic structure doctrine is applicable in Kenya and Popular Initiative to ammend the Constitution can only be started by the people not by the government (Justice Odunga)