This archive report was first published on 25 June 2021.
On June 25, 2021, the Court of Appeal made a significant ruling in favor of Thirdway Alliance, allowing the use of a parliamentary report in an appeal challenging the quashing of the Building Bridges Initiative.
The report, a joint document from the National Assembly's Justice and Legal Affairs Committee and the Senate's Hansard, was deemed relevant to the appeal by the court.
Thirdway Alliance had sought to adduce the report as evidence, arguing that it provided a detailed analysis of the Amendment Bill's constitutional and legal validity.
Attorney General and proponents of the BBI initiative had opposed the evidence, but a bench of three judges allowed the party to table the report.
“Consequently, we allow the application and hereby grant 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,” Justices Daniel Musinga, Roselyn Nambuye, and Jamila Mohammed ruled.
