Supreme Court to deliver BBI ruling on Thursday - Latest Updates

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Monday, March 28, 2022

Supreme Court to deliver BBI ruling on Thursday

The Supreme Court will on Thursday, March 31 deliver it's judgement on the Building Bridges Intitiative appeal filed by Attorney-General Kihara Kariuki and two  other appellants.

The appellants had challenged the Court of Appeal August 20th ruling that upheld the High Court decision to throw out the bill that was seeking to initiate changes to the Constitution.

The BBI appeal hearing at the Supreme Court ended on January 20 after its kicked off on January 18 and was heard before a seven judge bench comprising of Justices Martha Koome (CJ), Philomena Mwilu (DCJ), Smokin Wanjala, Njoki Ndungu, Ibrahim Mohammed, Isaac Lenaola and William Ouko.

The appellants raised several issues challenging the Court of Appeal’s judgement on the Building Bridges Initiative (BBI).

On his part, the AG contested the finding that basic structure doctrine is applicable in Kenya.

He was also dissatisfied that the Court of Appeal 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.

Mr Kihara also challenged the Appellate Court 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 a popular initiative.

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