Supreme Court to deliver BBI judgement on Thursday

The Supreme Court of Kenya has announced that it will deliver the Building Bridges Initiative (BBI) judgment on Thursday, March 31.

In a notice, Supreme Court registrar Letizia Wachira said the ruling will be made at 9 am at the Supreme Court of Kenya buildings.

“Take notice that the judgement in this matter will be delivered on Thursday, March 31, 2022, at 9.00 am before the Supreme Court of Kenya,” read the notice in part.

An appeal on the BBI case was heard by the judges between January 18th and 20th, 2022.

The seven-Judge bench of the Supreme Court that was hearing the appeal petition then retired to make its final decision following submissions.

The three-day hearing saw lawyers on both sides put up spirited arguments over the petition which has elicited a lot of public interest.

The High Court and the Court of Appeal in 2021 had ruled that the process of amending the Constitution was unconstitutional, null and void.

In his closing remarks, Solicitor General Kennedy Ogeto who appeared on behalf of the Attorney General pleaded with the court to consider their appeal and make a sound judgment.

The Office of the Attorney General was among the lead appellants in the case which saw them submit arguments on key issues among them being the importance of safeguarding the provision of presidential immunity, the role of the president in initiating a popular initiative, the non-applicability of the basic structure doctrine in Kenya among others.

Former Attorney General Githu Muigai who represented the Independent Electoral and Boundaries Commission (IEBC) reminded the bench that the Constitution is not cast in stone.

Muigai further defended the Commission on the issue of its quorum at the time when the agency had three Commissioners.

Lawyer John Khaminwa who opposed the Bill asked the Court to dismiss the appeals in its entirety.