BBI case hearing enters day two
The hearing of nullification of the Building Bridges Initiative (BBI) process in the Court of Appeal enters day two today.
Lawyers representing the State and Orange Democratic Movement (ODM) party leader Raila Odinga are expected to make their submissions as a continuation of the Tuesday session.
Their arguments revolved around three main themes, mainly a demonstration that the BBI process was constitutional, that the argument that certain articles of the Constitution cannot be amended was faulty and that, contrary to the High Court’s judges ruling, the Presidency can spearhead changes to the Supreme law through a popular initiative.
The lawyers are particularly keen to demonstrate that the Basic Structure Doctrine — the argument that certain articles of the Constitution were protected from amendments — which was the pillar of the petitioners in the High Court, was not applicable in Kenya.
Solicitor General Kennedy Ogeto yesterday asked the seven judges of the Court of Appeal to overturn the High Court decision, stating that the judges had elevated their personal opinions and preferences over the Constitution and the will of the people.
Ogeto is one of the lawyers representing the Attorney General, the Principal State Legal advisor, in the matter. Others are Senior Counsel George Oraro, Paul Nyamodi and Kamau Karori.
The AG has filed 31 grounds of appeal in the matter.
Court of Appeal President Daniel Musinga is presiding over the Bench which consists of Justices Roselyne Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale and Francis Tuiyot, who was recently promoted from the High Court.
On May 13, a five-judge Bench of the High Court declared BBI illegal and also ruled that the Independent Electoral and Boundaries Commission (IEBC) was improperly constituted and that the President can be sued while in office.
