This archive report was first published on 25 June 2021.
Court of Appeal Approves New Evidence Against BBI ¶
On June 25, 2021, the Court of Appeal accepted a civilian application to introduce the Hansard and JLAC report on BBI as additional evidence in the case against the proposed constitutional amendment.
Justices Musinga, Nambuye, and Mohammed approved the application, giving a 2-day window for an appeal against their decision to be made. The application was filed by Thirdway Alliance Party chairperson Miruru Waweru, who argued that the process was unconstitutional.
The JLAC report found multiple discrepancies in the BBI, including reducing the Senate's role in decisions such as impeaching a Prime Minister. The committee also reported that the BBI implicitly proposed that nomination of members to county, national, and senate special seats would be based on majority votes won by the party, leaving out constituencies with a smaller voter registration.
Despite these findings, Miruru pointed out that JLAC's findings were not biased. The application further acknowledged the necessity of a better-defined legal framework for procedures founded on public opinion.
The Court of Appeal has welcomed affidavits against the successful petition within the next two days, after which the case will proceed. With this evidence being sanctioned, the case will start on June 29th and end on July 2nd.
President Uhuru Kenyatta and ODM leader Raila Odinga's Building Bridges Initiative (BBI) proposal came as a result of their consensus. A task force was set up to gain public opinion on a proposal to amend the 2010 constitution.
On June 25, 2021, the Court of Appeal accepted a civilian application to introduce the Hansard and JLAC report on BBI as additional evidence in the case against the proposed constitutional amendment.
