Apex Court sets date for BBI petitions hearing
The Supreme Court has set aside three consecutive days from January 18 to 20, 2022, for the hearing and determination of the Building Bridges Initiative (BBI) petitions.
The petitions were filed after the High Court and Court of Appeal struck out the Bill, terming it illegal.
On August 20, 2021, the Appellate Court ruled that President Uhuru Kenyatta’s attempt to change the Constitution through the BBI process was unconstitutional.
The Court argued that despite packaging the bill as a popular initiative, it was initiated by the president, fundamentally losing out on the popular initiative drive.
In a session to mention and give direction on the BBI petition, the Supreme Court also ruled on an application to have three judges recuse themselves from the BBI appeal case.
Activist Isaac Aluochier had applied to have Justices Njoki Ndungu, Smokin Wanjala, and Mohammed Ibrahim recuse themselves from the matter, saying they are biased.
Deputy Chief Justice Philomena Mwilu said in her ruling that the application lacks merit and dismissed it.
Further, the Court disallowed an application by PNU to join the BBI case as an interested party. However, some eight foreign and local constitutional law experts were allowed to participate in the appeal as ‘friends of the Court’.
The bench also directed that written submissions should not exceed 28 pages. Time for oral submissions will be allocated during the hearing.