Written By John Mutiso 📝
The Supreme Court is reading out its verdict on the Building Bridges Initiative (BBI) appeal filed by Attorney-General Kihara Kariuki and two others.
In the much-anticipated ruling that may have major consequences for the August 9 presidential and parliamentary polls, the court will either uphold the ruling of the Court of Appeal that rendered the BBI process unconstitutional, null and void or invalidate the lower court’s ruling altogether.
In his appeal, Kihara challenged key findings of the lower courts that overturned the bid to amend the Constitution including asking the apex court to overturn that decision and declare that the Constitution of Kenya (Amendment) Bill 2021 complied with all requirements to warrant a referendum.
The appellants also wanted the opinion of the apex court on whether the Constitution can only be changed by following four steps civic education, public participation, constituent assembly debate, and a referendum, all in sequence.
The proposed amendments to the 2010 constitution were approved by parliament in May 2021 and were then due to be put to a referendum.
But just two days later, a three-judge bench of the High Court ruled they were illegal as the president did not have the right to initiate the process.
Earlier, Solicitor General Kennedy Ogeto who appeared on behalf of the Attorney General pleaded with the court to consider their appeal and make a sound judgment.
However, Lawyer John Khaminwa who opposed the Bill asked the Court to dismiss the appeals in its entirety.
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