May 24, 2024

BBI Supreme Court hearing to begin this week

2 min read

BBI Supreme Court hearing is set to begin this week on Tuesday to determine the fate of the Building Bridges Initiative.

The Supreme Court judges will sit for a three-day to determine the Attorney General’s appeal to overturn the decisions made by the lower courts.

The Constitutional amendment through the BBI (Amendment Bill, 2021) was declared null and void by both the High Court and the Court of Appeal.

The Supreme Court bench in November last year issued three rulings, giving directions on the filing of submissions.

The bench set out January 18, 19, and 20 as dates for the hearings where parties will present and argue their cases.

The Supreme Court judges come up with seven issues on which they will allow parties to file their submissions in support or against.

“Having gone through the appeals and the responses, the court is of the considered view that the seven issues are what form the basis of the BBI appeals and which the parties need to address us on in their submissions,” Justice Isaac Lenaola said.

The key issues to be determined BBI Supreme Court hearing is the basic structure doctrine and whether it is applicable in Kenya.

The BBI proponents also want the Supreme Court’s decision on whether changing the Constitution requires four steps: civic education, public engagement, constituent assembly debate, and a referendum, all of which must be completed in order.


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The Supreme Court’s intervention is the last chance to salvage BBI, whose proposal to expand the Executive would have had a significant impact on coalition formations for the 2022 succession politics.

“We want the Supreme Court to find that the Court of Appeal erred when they disregarded clear provisions in the Constitution on the steps required to amend the law and which were duly followed by the BBI secretariat,” Ogeto said in his appeal.

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