This archive report was first published on 2 July 2021.
The Building Bridges Initiative (BBI) appeal case reached its climax on July 2, 2021, after three days of intense hearing at the Court of Appeal.
Senior counsel from both the pro-BBI and anti-BBI teams presented their arguments, with some of the most prominent advocates in Kenya taking part.
Among the highlights of the hearing were the submissions made by James Orengo, Martha Karua, Otiende Omollo, John Khaminwa, and Nelson Havi.
James Orengo, a senior counsel for the pro-BBI team, argued that the five-judge High Court bench that nullified the BBI constitution was wrong even before they made a ruling.
He accused the judges of misinterpreting the basic structure and sovereignty of the people.
Martha Karua, a senior counsel for the anti-BBI team, argued that the respondents had not been given ample time to argue out their case.
She stated that they had gone to the Court of Appeal as respondents and not as amici, and that they had put in all their effort as respondents.
Otiende Omollo, a senior counsel for the pro-BBI team, argued that the 5-judge High Court bench that nullified the BBI was confused.
He stated that the president was not the promoter of the BBI bill, rather it was BBI Secretariat Co-Chairs Junet Mohamed and Dennis Waweru.
John Khaminwa, a senior counsel for the anti-BBI team, accused President Uhuru Kenyatta of unconstitutionally attempting to amend the Constitution.
He stated that the president had on a number of occasions disrespected the courts.
Nelson Havi, the Law Society of Kenya (LSK) president, challenged an argument that the president initiated Constitutional reforms as a private citizen, and not as a State officer.
He argued that the president was not a mere mortal, but a superior.
The BBI appeal also brought to light some young Kenyan legal minds such as Christian Andole, Esther Ang'awa, and Elias Mutuma.
Court of Appeal President Daniel Musinga stated that the court would issue a judgement on August 20, 2021.
