Fate of BBI: Supreme Court set to give direction on appeal

The Supreme Court will hold a physical session on Tuesday, November 9 to mention and issue directions on the Building Bridges Initiative (BBI) appeals.

Attorney-General Kihara Kariuki moved to the Supreme Court in September to challenge the decision by the Appellate court to affirm the nullification of BBI.

Through Solicitor General, Kennedy Ogeto, the Attorney-General Kihara Kariuki said they were challenging the finding by the majority of the Seven-Judge Bench, which held that the Basic Structure Doctrine is applicable in Kenya.

In addition, the AG is challenging the ruling that civil proceedings can be instituted against the President, during the tenure of office in respect of anything done or not done, contrary to the Constitution.

The Independent Electoral and Boundaries Commission separately filed an appeal against the ruling, particularly on the constitutional composition, quorum, and mandate of the electoral body.

On August 20, this year, the Court of Appeal upheld the High Court ruling that nullified the BBI. In a majority decision, six of the Seven-Judge Bench tore into the BBI process, declaring several stages and actions unconstitutional and unlawful.


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