Editor's Review

The Supreme Court will mention and issue directions on the Building Bridges Initiative (BBI) Appeals on Tuesday, November 9, 2021, at 9 am.


The Supreme Court will mention and issue directions on the Building Bridges Initiative (BBI) Appeals on Tuesday, November 9, 2021, at 9 am.

This is after the office of the Attorney General and the BBI secretariat appealed a ruling by the Court of Appeal that declared the Constitution Amendment Bill 2020 unlawful and unconstitutional.

The ruling is expected to give a direction on how the appeal will proceed and be handled by the court.

BBI Secretariat Co-Chairs; Junet Mohammed, Dennis Waweru and other leaders at a presser. |Photo| Courtesy|

In their appeal, BBI Secretariat Co-Chairs; Junet Mohammed and Dennis Waweru, and lawyer Paul Mwangi accused the lowers courts of erring in their judgments regarding the BBI Bill.

"The overriding sentiment is that we must pursue this matter to the very end.. We believe that the Supreme Court has a wider and more encompassing mandate when dealing with matters of national interest than the High Court or Court of Appeal," Waweru said.

"We believe that the two lower courts failed to appreciate the delicate balance needed in resolving an issue like the one before us and that only the Supreme Court judges have both the vocation and the mandate to do so,” he added.

On his part, Junet argued that there is a need for the Supreme Court to pronounce itself on the issue of Basic Structure doctrine.

"Kenyans deserve clarity on the Basic Structure Doctrine. We feel that as it is, the Judiciary has amended the Constitution of Kenya and written processes into it that Kenyans did not discuss or vote on," he said.