The Building Bridges Initiative (BBI) appeal case is set to kick off from June 29, 2021, and will run until July 2, 2021.
Here is a list of judges that will hear the BBI appeal case:
- Daniel Musinga
- Roselyn Nambuye
- Hannah Okwengu
- Patrick Kiage
- Gatembu Kairu
- Fatuma Sichale
- Francis Tuiyott
President of the Court of Appeal (CoA) Justice Daniel Musinga has constituted a seven-judge bench to hear the Building Bridges Initiative (BBI) case from June 29-30 & July 1-2, 2021 at 9.00 am.
Find attached supplementary Cause-list issued by CoA Registrar Moses Serem. pic.twitter.com/sSTUnt57em
— The Judiciary Kenya (@Kenyajudiciary) June 24, 2021
Earlier this month, the Court of Appeal President Daniel Musinga directed that the BBI case will be heard and determined by a seven-judge bench.
Further, it was resolved that the hearing will be done in an open court in compliance with the Covid-19 protocols as directed by the Ministry of Health.
Prior to the appeal, the High Court had ruled that the BBI process culminating into the Constitutional Amendment Bill was unconstitutional.
According to a ruling by a five bench judge constituting of judges Prof Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita, President Uhuru Kenyatta does not have the power to initiate a Constitutional amendment.
“It is our finding that popular initiative is a power reserved for Wanjiku neither the president or any other state organ can utilize article 257 to amend the constitution. President cannot purport to directly initiate a constitutional amendment. He isn’t part of parliament. He has no power under the constitution to initiate changes under the constitution since parliament is the only state organ that can consider the effecting of constitutional changes. The president is not permitted to amend the constitution using popular initiative,” said the judges.
The judges ruled that the President should have used the parliamentary initiative by petitioning the National Assembly through the Attorney-General to consider the desired amendments.