Supreme Court to hear BBI appeal case for three days from January 18

The Supreme Court judges will hear the appeal case on the Building Bridges Initiative (BBI) in January next year.

The President of the Supreme Court, Chief Justice Martha Koome who gave the directive after the mention of the case Tuesday morning, said the three appeals by Attorney General,  electoral commission (IEBC) and city lawyer Morara Omoke will be consolidated and heard for three days from January 18 to 20th.

Justice Koome, the presiding judge at the same time threw out an application seeking to have Justices Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u recuse themselves from hearing the appeal over claims of impartiality.

The apex court termed the petition by Isaac Aluochier citing bias claims as far fetched and speculative while another by  Human Rights Alliance to be enjoined in the matter was dismissed on grounds that it lacked merit.

“The applicant did not meet the threshold for admission as an interested party,” the court ruled.

At the same time, the court allowed an application by two law professors to be enjoined in the case as friends of court but they will not give oral submissions. The court however declined the same request by the Party of National Unity (PNU).

” We have looked at the detailed Amici briefs by the two applicants and are useful to the courts, so the briefs are deemed as filed and the applicants shall not make oral submissions” ruled the court while admitting the applications.

The Attorney General petition will serve as the lead file in the proceedings.

“Petition number 12 of AG vs David Ndii and 73 others will serve as lead files in the proceedings” directed the court as it issued further directions on the matter.

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, AG 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

Appellants and respondents have been given 10 days to file and serve written submissions including a list of authorities that will be cited.

The submissions should be confined to seven key issues framed by the court that will be used in determining the matter.

More to follow;;;;;;;;;;;;;

  

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