This archive report was first published on 20 August 2021.
On August 20, 2021, the Court of Appeal delivered a significant ruling that set aside a High Court declaration against President Uhuru Kenyatta.
The High Court had previously found that President Kenyatta acted in contravention of the leadership and Integrity Chapter of the Constitution after promoting a constitutional amendment process contrary to the provisions of the law.
However, the Court of Appeal President, Daniel Musinga, ruled that President Kenyatta was condemned unheard, stating that there was no proper service of the court upon the Appellant.
"The trial court ought to have been satisfied that there had been no proper service of the court upon the Appellant. I find and hold that there was no service of the petition and the hearing notice upon the appellant. The appellant's constitutional right of fair hearing was violated," Justice Musinga stated in reading a majority judgement that dismissed an appeal challenging constitutional court orders that rendered BBI process null and void.
President Kenyatta's lawyers, led by Waweru Gatonye, had challenged the ruling, arguing that the High Court erred in stating that BBI was an initiative of President Uhuru Kenyatta.
They argued that if the High Court's verdict is allowed to stand, the President and the presidency would be open to a multiplicity of legal proceedings, thus impairing the performance of his functions.
