BBI Judgment to Be Delivered on Friday

In a communication to parties, the appellate court says the judgment will be read by the seven judges in open court.

However, as a result of the Covid-19 pandemic, only 16 lawyers will be allowed in the court while the rest will follow proceedings online said the court of appeal Deputy Registrar Lorraine Ogombe.

Therefore, the parties have until the end of Wednesday to choose and forward the names of the 16 lawyers to the court.

This comes a week after lawyer Evans Ogada wrote to the court asking for the judgment to be delivered in open court due to public interest.

The seven-judge bench made up of appellate court President Daniel Musinga, Justices Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuiyot has been on a 50 -day retreat writing the ruling to be delivered on Friday.

A five-judge bench in the High Court comprising of Justices Ngugi, Odunga, Ngaah, and Matheka, Mwita declared the BBI process to amend the 2010 Constitution as unconstitutional, null, and void.

In their ruling, the judges who have been hailed for their findings said a constitutional amendment through a popular initiative is only a preserve of the ordinary Kenyans and not the Executive.

They declared that the 14 member BBI task force which was headed by the late Garissa Senator Yusuf Haji was unlawful and against the Kenyan constitution entity.