This archive report was first published on 25 June 2021.
On June 25, 2021, the Court of Appeal made a significant ruling on the Building Bridges Initiative (BBI), allowing an application by the Thirdway Alliance Party to introduce additional evidence in an appeal against the High Court's ruling that declared BBI null and void.
The application, filed by Thirdway Alliance Party Chairperson Miruru Waweru, sought to introduce the Joint Parliamentary Committee (JLAC) report as evidence in the appeal. Waweru argued that the report had not been considered by the High Court because it had not been formed at the time the case was taken to court.
He further argued that the parties to the suit would not suffer any prejudice if the JLAC Report is produced as evidence before the Court. The application also highlighted the need for a legal framework to guide the processing of bills to amend the Constitution by popular initiative.
Following the application, the Court of Appeal granted leave to the applicant to file additional evidence in the form of an affidavit containing the Joint JLAC Report and the Hansard of the Senate on the debate and approval by the Senate of the Constitution of Kenya (Amendment) Bill, 2020.
Respondents were given two days to file any affidavit in response to the production of the documents, after which the hearing of the appeal would proceed as scheduled.
