Supreme Court sets BBI appeal hearing for January 2022

The Supreme court, has ordered the BBI appeal to be heard starting January 18th 2021.

In the mention of the case held on Tuesday, Chief Justice Martha Koome said all parties have fifteen days to file the appeal and response.

Attorney-General Paul Kihara is challenging eight findings of the court of appeal, that overruled President Uhuru Kenyatta’s bid to amend the 2010 constitution. 

The AG is fighting the court’s finding that the Basic Structure doctrine is applicable in Kenya and the move to involve the president in a civil litigation.

The IEBC is battling the ruling that declared it not properly constituted to verify the signatures of the BBI initiative.

In August this year, the Court of Appeal upheld a High Court ruling that declared the bid to amend the constitution through the BBI process unconstitutional.

In the verdict, the judges ruled that despite BBI being fashioned as a popular initiative, it was initiated by the president, essentially losing out on the popular initiative drive.

Earlier the Supreme court dismissed Isaac Aluochier’s petition to have three judges removed from the BBI hearing .

Chief justice Martha Koome said the petition was an afterthought and ill conceived.  

The petitioner wanted supreme court judges Smokin Wanjala, Njoki Ndungu and Mohammed Ibrahim excused from hearing the BBI appeal.

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