Supreme Court sets date for BBI ruling
By Joshua Cheloti
The Supreme Court will this week be making a ruling on the Building Bridges Initiative (BBI) appeal that was filed by among others Attorney General Kihara Kariuki.
A statement from the apex court says the ruling will be delivered on Thursday, March 31, 2022.
The 7 judges at the court, led by the President who is also Chief Justice Martha Koome will be giving a determination to either uphold the Court of Appeal ruling that declared BBI null and void or overturns it.
Among the issues, the 7-judge bench will be seeking to address include the basic structure doctrine, whether President Uhuru Kenyatta can initiate a constitutional change or not if the head of state can be sued in his personal capacity while still in office, and the amend-ability of the constitution.
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File image of Chief Justice Martha Koome. |Photo| Courtesy|[/caption]
A court of appeal had ruled that the BBI process was illegal as it was initiated by the president.
The court also noted that there was no sufficient public participation in the initiative that sought to among others introduce new political positions, increase the number of Members of Parliament and also increase allocation to devolved units to at least 35 percent of the national budget.
Civil Society groups had moved to the High Court challenging the legality of the process, and their prayers were granted, with the same being upheld by the Court of Appeal.
The Supreme Court ruling on the BBI process will be final.
Judges that will be making the ruling are Justices Martha Koome (CJ), Philomena Mwilu (DCJ), Smokin Wanjala, Njoki Ndungu, Ibrahim Mohammed, Isaac Lenaola, and William Ouko.
Reports of the court setting date for the BBI ruling have already elicited mixed reactions amongst the political class.
Elgeyo Marakwet Senator Kipchumba Murkomen, in a tweet, suggested that proponents of BBI were already in celebration even before a ruling is made.
“How come many of our pro BBI friends are celebrating the Supreme Court Judgement in advance?” Murkomen tweeted.
File image of Chief Justice Martha Koome. |Photo| Courtesy|[/caption]
A court of appeal had ruled that the BBI process was illegal as it was initiated by the president.
The court also noted that there was no sufficient public participation in the initiative that sought to among others introduce new political positions, increase the number of Members of Parliament and also increase allocation to devolved units to at least 35 percent of the national budget.
Civil Society groups had moved to the High Court challenging the legality of the process, and their prayers were granted, with the same being upheld by the Court of Appeal.
The Supreme Court ruling on the BBI process will be final.
Judges that will be making the ruling are Justices Martha Koome (CJ), Philomena Mwilu (DCJ), Smokin Wanjala, Njoki Ndungu, Ibrahim Mohammed, Isaac Lenaola, and William Ouko.
Reports of the court setting date for the BBI ruling have already elicited mixed reactions amongst the political class.
Elgeyo Marakwet Senator Kipchumba Murkomen, in a tweet, suggested that proponents of BBI were already in celebration even before a ruling is made.
“How come many of our pro BBI friends are celebrating the Supreme Court Judgement in advance?” Murkomen tweeted. What's Your Reaction?
