The ruling is now being read by the 7-bench judges at Court of Appeal buildings, and it is expected the matter of unconstitutionality, nullity and the void nature of BBI bill as was ruled by High Court, to be determined and ruled over today.
The presiding judge, justice Masinga, started the cession by giving opportunity to Justice Tuiyott to be first in line, and in his ruling, he did side with the High Court in terms of IEBC not meeting the quorum.
On the other hand, however, the bill happened to be 'birthed' once again, to have new 'breath of life', when justice Fatuma came in and was in disagreement with some of the conclusions drawn by High Court judges.
Here are some of the itemised issues that Justice Sichale did disagree with High Court judges.
First, the judge did rule out the idea of IEBC not meeting quorum. She was of the fact that, yes, the commission needs atleast 5 and a maximum of 9 members, however, it does to provide the quorum status at 3, therefore she agreed it was fine by her.
The other issue, is the basic structure doctrine. This is the doctrine that states the supremacy of the law of land which cannot be watered down or simply brought down suggesting its rigidity.
On this issue, the lower court did base the BBI amendment bill on this structure, however, justice Sichale has provided her say on this that, the constitution cannot or should not be that rigid, rather, be fluid hence in support of the bill.
The other matter she touched on was the finding where high court declared illegality of the taskforce and BBI secretariat team. On her ruling, she didn't find anywhere the illegal drawing point, and for this, she was in league with the senior counsel Otiende Amollo's views that, an attempt to link the BBI secretariat team and taskforce as at 30th June 2020, is futile, and indeed it has been made so.
In her ruling, she has brought joy to the 'reggae' community as she has reassured them, that they were on right course.
So let's wait for other rulings to be made.
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