The Supreme Court will hear the case to resurrect BBI tomorrow. BBI, dubbed Reggae by supporters, began in March 2018 with a symbolic handshake between Uhuru and Raila at the President's Harambee House office. The process, however, hit roadblocks along the way when the High Court sitting in Nairobi ruled that it was unconstitutional. This decision would further be upheld by the Court of Appeal in August 2021.
A seven-judge bench that includes Chief Justice Martha Koome, her deputy Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko will hear the matter. At a previous hearing, Attorney General Paul Kihara Kariuki contended that the lower courts disregarded voters' rights to choose electoral borders through a referendum.
Raila, who filed his submissions through Paul Mwangi on behalf of the BBI Secretariat, stated that the Court of Appeal made an error in determining that there was insufficient public engagement. On the subject of whether the basic structural theory applies to Kenya, lawyer Paul Mwangi contended that no constitution is set in stone. The lower courts had determined that the Constitution's essential framework could not be amended. The first appellant, AG Kihara Kariuki, is scheduled to begin his submissions tomorrow. The BBI Secretariat, the Independent Electoral and Boundaries Commission (IEBC), the Senate, the National Assembly, and various county assemblies are among the other appellants.
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