Murang'a Senator Irungu Kang'ata now says the BBI referendum is as good as dead.
Speaking in a press conference at his office in Upper Hill Nairobi, the former Jubilee Majority Whip at the Senate said it is difficult for the court of appeal to overturn the High Court ruling.
He says the High Court raised fundamental issues that have been backed by not only Parliament but also experts who have a solid understanding of the legal processes of amending the constitution.
According to Kang'ata, it is nearly impossible for the Court of Appeal to disagree with over 20 grounds that formed the basis of dismissing the BBI referendum.
"High Court agreed with so many grounds, almost 20 grounds, and therefore it will almost be impractical for the court of appeal to vacate all those grounds," Kang'ata said.
"Some of those grounds have been supported by Parliament in the majority report, some have been supported by experts who advise parliament and therefore it is difficult for the Court of appeal to overturn the ruling," he added.
Kang'ata adds the BBI referendum process has lost its credibility since it is morally punctured by the High Court ruling.
He says many Kenyans approve of the High Court ruling and it is therefore difficult for the BBI proponents to succeed even if the Court of Appeal overturns the verdict.
Kang'ata, who in January informed President Uhuru Kenyatta that the BBI is unpopular, adds that the ruling on the BBI has vindicated him.
The High Court on Thursday trashed the Constitutional Amendment Bill, 2020, and issued a permanent injunction to the IEBC against taking a further step in changing the constitution.
The ruling was delivered by a five-judge bench that stated legal processes were flawed in the bid to amend the Kenyan Constitution.
The five judges included Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita.