Supreme Court to deliver BBI verdict on Thursday
Supreme Court of Kenya will deliver the Building Bridges Initiative verdict on Thursday, March 31.
In a notice, Supreme Court registrar Letizia Wachira said the ruling will be made at 9 am.
“Take notice that the judgment in this matter will be delivered on Thursday, March 31, 2022, at 9.00 am before the Supreme Court of Kenya,” read the notice.
The matter was heard for three days, from 18 to 20 January 2022.
The 7-judge bench that heard the case comprised Justices Martha Koome (Chief Justice), Philomena Mwilu (Deputy CJ), Smokin Wanjala, Njoki Ndungu, Ibrahim Mohammed, Isaac Lenaola, and William Ouko.
The appellants had challenged the Court of Appeal’s August 20, 2021 decision that declared the BBI initiative unconstitutional.
The AG and his co-appellants contested the finding that the basic structure doctrine is applicable in Kenya.
The Appellate court affirmed that the Constitution of Kenya can only be amended when there is civic education, public participation and engagement of the county assemblies before a referendum.
The Attorney-General was also aggrieved with the finding that President Uhuru Kenyatta can be sued while in office.
He also argued that the Court of Appeal erred by finding that Kenyatta could not initiate the BBI process and that the initiative was illegal.
The Court of Appeal judges had in August 2021 ruled that the BBI process was not a popular initiative as it was promoted by President Uhuru Kenyatta in his capacity as the Head of State.
BBI is a product of March 9, 2018, political truce between President Kenyatta and opposition leader Raila Odinga, popularly known as the handshake.
BBI is seeking, among others, to expand the Executive and introduce the office of the Prime Minister and two deputies.
The court is expected to uphold or quash a ruling from the lower courts that declared the BBI process unconstitutional, null, and void.
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