Seven judges to hear BBI appeal from June 29

The consolidated Building Bridges Initiative (BBI) appeal will be heard by seven judges in an open court for four days beginning 29th of this month 

The bench will be constituted by Appeal Court President Daniel Musinga with the permission of Chief Justice Martha Koome.

While giving directions on the matter after a case management conference on Wednesday, Justice Musinga further ordered that oral submissions from appellants and respondents be limited to two hours, and replies to 30 minutes.

The conference on the BBI case was held physically Tuesday morning at the Supreme Court before a three-judge bench consisting of Justices Musinga, Roselyne Nambuye and Hannah Okwengu.

“…Appeals consolidated and shall be heard together, 2 hours for each appellant & respondent; appellants shall make replies limited to 30 minutes. The appeal shall be heard on 29th & 30th June and 1st & 2nd July by a 7 judge bench” he directed.

Intended appellants have also been directed to file a memorandum of appeal within seven days while submissions have been limited to 40 pages.

“Respondents to file respective submissions within 14 days, appellants to serve responses within three days from date of service” he added.

On the electoral commission (IEBC) quorum issue, Justice Musinga directed that the commission continues to discharge its statutory and administrative functions save for dealing with any of the contentious issues arising from the High court judgement relating to the Constitution of Kenya amendment bill.

Earlier, Musinga pronounced himself on the renewed attack on the Judiciary by the Executive during Madaraka day celebrations held Tuesday in Kisumu.

The Judge said the remarks undermine public confidence.

“Let us allow the court to make a fair decision without attacks and comments by all concerned” he cautioned.

Some of the notable lawyers present include Githu Muigai and Eric Gumbo appearing for the electoral commission, Waweru Gatonye and Mohammed Nyaoga the President, George Oraro for the Attorney General, James Orengo for Raila Odinga, Martha Karua, Charles Kanjama, Nelson Havi, and Paul Mwangi.

They had appealed to the court to expedite the case by setting aside other matters to hear the substantive appeals instead of the applications.

Among those who have filed their appeals challenging the ruling, including President Uhuru Kenyatta, Former Prime minister Raila Odinga, the Independent Electoral and Boundaries Commission, the office of the Attorney General and the BBI secretariat.

The conference was held to provide an opportunity for the court to give appropriate directions on issues such as the viability of hearing the appeals/application and logistics.

 

 

 

 

  

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