Supreme Court issues directions for 3-day BBI hearing

Supreme Court issues directions for 3-day BBI hearing

  • AG Paul Kihara Kariuki and the IEBC filed the petition in September 2021 with the AG contesting eight findings by the Appellate court that rescinded the attempt to alter the Constitution.
  • IEBC on the other hand is challenging findings pertaining its Constitutional mandate.
  • According to the Supreme Court, only two counsel per party shall appear and address the court in adherence to stipulated COVID-19 prevention protocols.

The Supreme Court has issued fresh directives that will be used in the hearing of a petition challenging the August 2021 decision by the Court of Appeal on the Building Bridges Initiative (BBI).

Attorney General Paul Kihara Kariuki and the Independent Electoral and Boundaries Commission (IEBC) filed the petition in September 2021 with the AG contesting eight findings by the Appellate court that rescinded the attempt to alter the Constitution.

IEBC on the other hand is challenging findings pertaining its Constitutional mandate.

According to the Supreme Court, only two counsel per party shall appear and address the court in adherence to stipulated COVID-19 prevention protocols.

Appellants will similarly only be given 45 minutes to submit their cases.

Individuals supporting the main respondent’s case will only be allocated 15 minutes to make their case while appellants have been issued 10 minutes to respond to counter the respondents.

“The main Respondents, David Ndii, Jerotich Seii, James Gondi, Wanjiru Gikonyo, Ikal Angelei, Thirdway Alliance, Miruri Waweru and Angela Mwikali, including Phylister Wakesho, who were the main Petitioners at the High Court, shall have 45 minutes each to highlight their submissions,” stated court document.

“Parties supporting the Appellants’ cases shall have 15 minutes each to highlight their submissions.”

“The allocated time shall be strictly observed and when the timer goes off, the microphone will automatically be switched off.”

The Supreme Court similarly barred the Kenya Human Rights Commission, Dr. Duncan Ojwang, Dr. John Osogo Ambani, Dr. Linda Musumba and Dr. Jack Mwimali from making submissions since they are friends of the court (Amicus Curiae).

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