Revealed: How An Appellant Is Set To Use Justice Sichale's Ruling To Rescue BBI At The Supreme Court
Photo Courtesy. The BBI Proponents received a killer blow a few weeks ago after the court of appeal ruled that the entire Bill was null and void. The Court of appeal ruled that the BBI steering committee was unconstitutional and that nothing legitimate can come out of it.
Fatuma Sichale is one judge who remained categorical that BBI was constitutional in many fronts. She majorly contradicted the other six judges in matters around the BBI report and she wanted it exonerated from blame and unconstitutionality. However today we will be looking at few details about lady justice Fatuma Sichale who has truly accomplished a lot in in her legal career profession.
The BBI matter is now in the hands of 7 appellate judges. Kenyans are anxiously waiting for the hearing so as to know which direction the political class shall turn to, since it also affects them enormously. Presided by Justice Masinga, the court cession was opened and the third to come in was Justice Gatembu Kairu, that is after justice Tuiyott and Sichale who also had divergent ruling on the matter.
Court of Appeal Judge, Fatuma Sichale, has agreed with the High Court choice that President Uhuru Kenyatta isn't insusceptible to common procedures and can be sued. Sichale made the proclamation while reversing part of her judgment on Friday, August 20, during the Building Bridges Initiative (BBI) request assurance.
During the BBI ruling, Justice Fatuma Sichale in her personal decision on the appeal of Building Bridges Initiative constitutional amendment bill has ruled that the head of state president Uhuru Kenyatta has no immunity from the civil suits. While responding to the ruling made by the High Court, Justice Fatuma Sichale stated that a civil case can be instituted against the head of state Uhuru Kenyatta or any other person holding the office of the president or performing functions of the head of state.
Sichale held that the Constitution is sure about technique of changes henceforth there need not be an endeavor to allude to the regulation for Kenya's situation/Judiciary Media Service. Sichale held that the Constitution is sure about technique of changes henceforth there need not be an endeavor to allude to the regulation for Kenya's situation.
The second Building Bridges Initiative (BBI) verdict kicked of today at the Court of Appeal where by the rulling will be done by a seven judge bench. Kenyans are really waiting to the Verdict but this time round it's different from other rulling where there has been no reports showing crowds waiting at the gate of Court of Appeal.
Judge Fatuma Sichale has highly castigated the High Court of Kenya ruling on BBI. She has affirmed that judges are not semi gods and therefore completely overturned almost ninety percent of the High Court of Kenya ruling against BBI. According to Fatuma Sichale it's a fact court has for some time now involved itself in matters political when they should not.
The ongoing submissions on the appealed BBI continues to take shape. So far, four judges out of the total of seven, have aired their submissions. The judges include Justice Daniel Musinga, Justice Tuiyott, lady Justice Fatuma Sichale and Justice Gatembu Kairu. According to their submissions, only one among them is against the high court ruling.
Photo:BBI Appeal Bench Different judges in BBI appeal case presented their individual judgments before final verdict was issued. The Court of Appeal Judge, Fatuma Sichale has concurred with High Court ruling that declared BBI null and void, saying President Uhuru Kenyatta is not immune to civil proceedings and can be sued.
Judge Fatuma Sichale ruled that the president cannot be Wanjiku - an ordinary citizen - during the Court of Appeal's pending judgment on the Building Bridges Initiative (BBI). In his judgment on Friday August 20, Sichale ruled that the president cannot be Wanjiku and therefore cannot initiate the process of amending the Constitution by popular initiative.
Justice Fatuma Sichale ruling in the ongoing court decision has handed president Kenyatta and former prime minister Raila Odinga hope, in her submission she gave out a contradicting ruling which gave proponents of BBI in mixed feeling hinting that the case could go in their side,earlier judge Masiga had hit the two with bare truth by upholding the high courts decision.
According to justice Fatuma Sichale, the basic structure of the constitution can be changed. She is of the view that the current generation cannot be bound by the dead hands of the ancestors. Sichale opines that the basic structure of the constitution is not defined in the constitution.
The Court of Appeals upheld the Supreme Court's decision that the BBI was invalid and that its procedures were unconstitutional. In a public hearing on today, a panel of seven of the seven judges, led by Court President Daniel Musinga, entered the BBI process, declaring several unconstitutional and illegal sections.
Court of appeal upholds high court judgment on BBI Court of appeal declaring unconstitutional Basic structure doctrine applies, Judge Sichale dissents Constitution of Kenya bill is unconstitutional. Court of Appeal issued permanent injunction barring IEBC from conducting a referendum on the Constitution Amendment Bill 2020. ODM leader accepts court of appeal decision on BBI ODM leader Raila Odinga says he has moved on after judgment ODM leader says but this is not the end of the conversation.
The Building Bridges Initiative (BBI) case is currently ongoing at the Court of Appeal building in Nairobi where a Seven Judge Bench is expected to rule on the validity of the Building Bridges Initiative (BBI) The seven-judge bench consists of Justice Daniel Musinga, Justice Fatuma Sichale, Justice Gatembu Kairu, Justice Patrick Kiage, Justice Hannah Okwengo, Justice Rosylene Nambuye, and Justice Francis Tuiyot.
Appellate Court Judge,Fatuma Sichale, has agreed with the High Court's ruling that President Uhuru Kenyatta is not exempt from civil lawsuits and can be sued. On Friday, August 20, at the Building Bridges Initiative (BBI) appeal determination, Sichale made the announcement while reading part of her judgment.
President Uhuru Mwigai Kenyatta has on Monday Evening held a one on one interview with reporters from Citizen TV led by Francis Gachuri where he discussed several issues including his relationship with DP Ruto, BBI ruling, 2022 elections among other issues. President Uhuru when asked about the rumour going around that he intends to postpone next year's general elections to hand himself more time in the office said he has no such intentions.
Judge Fatuma Sichale has decided that the President can't be Wanjiku - a typical resident - during the continuous Court of Appeal judgment on the Building Bridges Initiative (BBI). In her judgment followed through on Friday, August 20, Sichale decided that the President can't be Wanjiku and in this manner can't start the way toward altering the Constitution through a well known drive.
The Building Bridges Initiative is facing more problems in the hands of the Court of Appeal Judges as many of its provisions are facing opposition in the Court by different Judges. Many Judges including Justice Tuiyott, Sichale and Getundu have supported many orders as already given by the High Court Five Judge bench.