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Sunday, December 5, 2021

Court of Appeal names a seven-judge bench to hear BBI appeal case.

By Moses Ochengo

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The President of the Court of Appeal, justice Daniel Musinga has constituted seven judges that will hear the Building Bridges Initiative (BBI) Appeal case.

This comes as a result of the nullification of BBI initiative by the High Court in May. The five-judge bench termed the process ‘unconstitutional’, putting a halt to the Uhuru-Raila’s ideology of national unity.

The seven judges named by the Court of Appeal include; Daniel Musinga (President of Court of Appeal) and Justices Roselyn Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale and Francis Tuiyott.

The appeal which was filed by President Uhuru Kenya’s team, the BBI Secretariat and the Independent Electoral and Boundaries Commission (IEBC), will be heard between June 29-July 2, 2021.

The BBI proponents have picked an accomplished team of six lawyers, led by the Attorney General Paul Kihara. They are expected to launch a legal defence in the Appellate court, aiming at overturning the May court ruling, that termed BBI null and void.

Among the defence BBI team members are Solicitor General Kennedy Ogeto, Paul Mwangi, Prof Ben Sihanya, Prof Kibe Mungai and city lawyer Jackson Awele.

“Unless this application for stay of execution of the order is heard urgently, there is a real risk,” the AG’s application read.

Earlier on, the ODM brigade led by Junet Mohamed pledged to challenge the nullification of the BBI. The Suna East legislator accused the court of ‘judicial activism’, that could jeopardize constitutionalism in the country.

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