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Supreme Court sets date for BBI appeal ruling

All the seven judges of Kenya’s Supreme Court. [File, Standard]

The Supreme Court will on Thursday, March 31 deliver its verdict on the BBI appeal filed by Attorney-General Kihara Kariuki and two others.

The appellants had challenged the Court of Appeal’s August 20, 2021 decision that threw out the BBI project that seeks to initiate changes to the Constitution.

The BBI appeal hearing at the Supreme Court ended on January 20 after its start on January 18.

The matter was heard across three days by all the seven Supreme Court judges.

The seven judges are Justices Martha Koome (CJ), Philomena Mwilu (DCJ), Smokin Wanjala, Njoki Ndungu, Ibrahim Mohammed, Isaac Lenaola and William Ouko.

Kihara and his co-appellants raised several key issues they disagreed with in the Court of Appeal’s judgement on the Building Bridges Initiative (BBI).

Kihara contested the finding that basic structure doctrine is applicable in Kenya.

He was also aggrieved that the Appellate court affirmed that the Constitution of Kenya can only be amended when there is civic education, public participation and engagement of the county assemblies before a referendum.

The Attorney-General was also aggrieved with the finding that President Uhuru Kenyatta can be sued while in office.

He also argued that the Court of Appeal erred by finding that Kenyatta could not initiate the BBI process, and that the initiative was illegal.

Download the BBI Judgement by all seven Judges - Civil Appeal No. E291 of 2021