Court of Appeal Issues New Directive on BBI Case

The Court of Appeal has issued a new directive on the BBI Bill appeal case, noting that the matter will be heard by a seven-judge bench.

Court of Appeal President Daniel Musinga issued the directive on Wednesday while presiding over the case management session alongside Lady Justices; Roselyn Nambuye and Hannah Okwengu.

The 3-judge bench also gave interim orders to IEBC allowing it to continue discharging its functions apart from conducting the referendum.

During the session, the parties present agreed that the court should give attention to the substantive appeal, instead of hearing applications.

Additionally, the parties in the case urged the court to hold the hearing in person rather than virtually.

While making his submission, Senior Counsel James Orengo argued that the matter is of public interested and should be conducted in public.

The court has made arrangements to have a tent pitched within its premises so that adequate space can be available for parties to conform with Ministry of Health protocols on COVID-19.

The matter has been certified as urgent and given priority as some of the orders issued by the High Court affect key functions like IEBC overseeing by-elections that are set for later this month.

The appeal comes after a five-judge High Court bench ruled that the BBI process is unconstitutional.

While delivering the ruling, the judges argued that the President has powers to initiate a popular initiative as was done with BBI.

Some of the top lawyers involved in the appeal include;  Senator James Orengo, former Attorney General Prof Githu Mwigai, LSK Chair Nelson Havi, Senior Counsel George Oraro, and lawyers Paul Mwangi and Charles Kanjama among others.