The fate of the Building Bridges Initiative (BBI) which was ruled unconstitutional by high court judges will be decided by a seven-judge bench from the court of appeal.
On May 14, 2021, the High Court declared the Constitution of Kenya Amendment Bill 2020 as unconstitutional, prompting the BBI team to file a case to the appellate court to appeal for the ruling.
Justice Musinga who took over from Justice William Ouko as the President of the Court of Appeal on May 26, 2021, will pick the names of the seven judges to handle the matter.
This comes barely hours after President Uhuru Kenyatta, the Attorney General, the BBI taskforce, and former Prime Minister Raila Odinga filed formal appeals against the ruling by a five-bench judges over the BBI Bill.
While ruling on the BBI Bill, the five-judge bench of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita said an amendment can either be initiated by a Parliamentary or popular initiative, not the President.
The case arose from eight petitions which had been filed at the High Court raising 17 issues over the constitution amendment bill.
The Attorney General has filed his appeal against the High Court ruling on the Building Bridges Initiative (BBI) Bill that was delivered by a the high court Judges.
President Uhuru Kenyatta and former Orange Democratic Movement (ODM) leader Raila Odinga has also filed their formal appeal against the ruling.
President Kenyatta through his lawyer Waweru Gatonye filed a formal appeal for the case.
The stage has now been officially set for the respondents to file their responses before the hearing of the appeal begins.
Through Solicitor General Kennedy Ogeto, the Attorney General has presented a list of 31 key points saying the learned judges erred in law and fact by declaring the BBI unconstitutional.