This archive report was first published on 20 August 2021.
On August 20, 2021, a seven-judge bench of the Court of Appeal delivered a verdict on the Building Bridges Initiative (BBI) appeal case, with two judges differing in their judgment on the quorum of the Independent Electoral and Boundaries Commission (IEBC).
Justice Francis Tuiyott argued that the IEBC was not quorate when it verified the BBI signatures, citing the statutory composition of the commission as seven members. He emphasized that anything less than the full complement of members would weaken the commission.
"IEBC was not quorate when it embarked on the business of verifying the BBI signatures on membership of only three," Judge Tuiyott ruled.
However, Justice Fatuma Sichale disagreed, stating that the IEBC was constitutionally compliant with only three members. She also ruled out the High Court judgment on the issue of signature verification, saying it did not require the IEBC to have five to seven members.
"The issue of verification of signatures is not a matter requiring a policy decision that requires the IEBC to be quorate," Justice Sichale said.
The seven-judge bench comprised of Court of Appeal President Daniel Musinga, Justices Roselyn Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale, and Francis Tuiyott.
