The BBI appeal hearing in the Supreme Court has commenced today with the appellants and the respondents had all prepared for the sessions. The bench through Justice Isaac Lenaola asked when will does amici stop being a friend of the court and then become a party? Lenaola added if one enters the proceedings of the High Court as an amici curiae why are should they suddenly call themselves respondents?
According to Solicitor General Kennedy Ogeto it is not only lay man struggling with the 'Basic Structure Doctrine but even the learned judges too. SC George Oraro claimed that in the case of Priscilla Kivuitu the three-judge bench found that the basic structure doctrine is not applicable to Kenya in view of the amendment provisions under the 2010 Constitution.
SC Martha Karua, co-counsels, walked out of the Supreme Court BBI hearing after court excluded some of her clients that was client 74th, 75th and 76th who were respondents from highlighting their submissions. She protested the change of status for some of the respondents to amici.
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