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President of the Court of Appeal Daniel Musinga (pictured), in the opening remarks on Friday, said each judge wrote their judgment, departing from the practice of two collective judgments; a majority and minority decision/FILE/COURTESY


Justice Musinga names 7-judge bench for BBI appeal

NAIROBI, Kenya, June 24 – Court of Appeal President Daniel Musinga on Thursday named the seven judges who will hear the appeal contesting the annulment of the Building Bridges Initiative constitution amendment bill.

The hearing was slated to commence on June 29.

 Justice Musinga will hear the case alongside Lady Justices Roseline Nambuye, Hannah Okwengu, Fatuma Sichale and Justices  Patrick Kiage, Steven Gatembu, and Francis Tuiyott.

During a case management conference on the BBI case held earlier in June, Justice Musinga said the Judiciary will pitch a tent outside the court premises where the case will be heard to minimize the risk of the spread of coronavirus.

He ruled that the mode of hearing the case will be hybrid whereby parties can choose to either appear in person or virtually.

In his ruling issued on June 2, he also gave all parties appealing the BBI invalidation by the High Court seven days to file written submissions.

The respondents were allowed to file counterarguments through written submissions within 14 days of appellants’ filing.

The court said submissions shall be limited to 40 pages and that the consolidated appeals shall be heard by way of written submissions with oral highlights limited to two hours for each respondent and appellant.

“The court shall be at liberty to limit the time allocated to avoid repetition,” Justice Musinga who issued the ruling alongside Lady Justices Roseline Nambuye and Hannah Okwengu said.

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He appealed to all parties to handle the appeal with dignity and uphold utmost respect for each other.

At the Constitutional Court, Justices Joel Ngugi, George Odunga, Jarius Ngaah, Chacha Mwita, and Teresiah Matheka  declared that the basic structure of the constitution could only be amended by invoking a four-phased process entailing, “civic education; public participation and collation of views; Constituent Assembly debate; and ultimately, a referendum.”

The Constitutional Court also decided in favour of a multiple-choice refurendum.


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