Seven-judge bench constituted to hear BBI appeal case
A seven-judge bench has been constituted to hear the Building Bridges Initiative (BBI) appeal case beginning from June 29, 2021.
The high-stake case is to be heard even after the electoral body, Independent Electoral and Boundaries Commission (IEBC) said delimitation of new constituencies cannot be done before next year’s general elections.
“President of the Court of Appeal (CoA) Justice Daniel Musinga has constituted a seven-judge bench to hear the Building Bridges Initiative (BBI) case from June 29-30 and July 1-2, 2021 at 9.00 am,” read the statement.
The judges set to hear the appeal are; Justice Daniel Musinga (Presiding Judge and President of the Court of Appeal), Justice Roselyn Nambuye, Justice Hannah Okwengu, Justice Patrick Kiage, Justice Gatembu Kairu, Justice Fatuma Sichale, Justice Francis Tuiyott.
The IEBC declared that it would be impossible to create new constituencies before next year’s elections.
Appearing before the Senate Committee on Justice, Legal and Human Rights, IEBC CEO Hussein Marjan said the earliest the boundary delimitation can be completed is March 2023.
President Uhuru Kenyatta, the BBI National Secretariat and IEBC filed separate petitions challenging the High Court ruling that declared the bid to amend the constitution through the BBI as null and void.
Kenyatta had argued that the High Court decision to quash the BBI process risks slowing development and quest for inclusive politics.
He urged the Judiciary to reconsider its stance on the BBI.
However, a five-judge bench of the High Court ruled that the President does not have authority under the Constitution to initiate changes to the Constitution.
According to the judges, a constitutional amendment can only be initiated by the President through the Attorney General in Parliament through a Parliamentary initiative.
Further, the court ruled that President Kenyatta had violated provisions of Chapter 6 of the Constitution on leadership and integrity, and that he can be sued in his personal capacity and not as the head of state.
Raila and the BBI secretariat argued that the High Court judges erred in their finding that the basic structure in eternity clauses and un-amenability doctrines are applicable under the Constitution.
