Eight petitions have been filed by human rights activists, several organisations, and Kenyans faulting the legality of the Constitutional of Kenya (Amendment) Bill 2020.
A five-judge bench is expected to determine whether the Amendment popularly known as Bill can proceed to the next step – a Referendum. This comes after the Bill was overwhelmingly passed by both houses – Parliament and Senate.
The bench comprises of Justices George Odunga, Jairus Ngaah, Chacha Mwita, Janet Mulwa and Joel Ngugi who is the bench leader. The bench is expected to make a decision based on 17 questions.
One of these questions is whether the BBI steering committee had locus standi to amend the constitution.
Another question will be whether there was a legislation determining the collection, presentation and verification of signatures from members of the public endorsing the Bill.
Economist David Ndii and his partners, who are part of the litigants argue that five chapters of the 2010 Constitution are eternal clauses that cannot be amended by the Bill.
In addition, the judges will rule on whether Parliament had powers to legally pass the Constitutional Amendment bill after it had been declared unconstitutional.