The appeal case against High Court ruling that declared the Building Bridges Initiative (BBI) process as unconstitutional, null and void will be heard from June 29 to July 2.
Giving the directive during the case management conference on Wednesday, June 2, Court of Appeal President Daniel Musinga said that the appeal case will be heard by a seven-judge bench.
During the conference, a three-judge bench comprising of Justices Musinga, Roselyn Nambuye and Hannah Okwengu ruled that the BBI hearing will be held in an open court, at a venue that shall be arranged in compliance with COVID-19 containment protocols.
Musinga reiterated that all the appeals shall be heard on a priority basis, and that all intended appellants who have filed notices of appeal shall be at liberty to file supplementary records of appeal and/or memorandum of appeal as may be appropriate within seven days from the date hereof.
“Any respondent intending to file a cross-appeal shall be at liberty to do so within seven days of the date hereof. All appellants shall file and serve their respective submissions within seven days of the date hereof,” said Justice Musinga.
Lifeline for IEBC, except on BBI matters
Meanwhile, the appellate court allowed the Independent Electoral and Boundaries Commission (IEBC) to continue executing its constitutional mandates, except on matters related to BBI.
So far, President Uhuru Kenyatta and ODM leader Raila Odinga, The BBI Secretariat, the Attorney General, and the IEBC have filed petitions seeking to overturn High Court’s ruling annulling BBI process.