(PHOTOS): BBI hearing case at the Court of Appeal closed

Court will issue the decision on August 20, 2021.

In Summary

• The hearing started on July 29, and the court of Appeal President Daniel Musinga said that the Court will not extend the time.

• The parties involved in the case made their last submissions, each side trying to convince the court to rule on its behalf.

The last day of the BBI case hearing at the Court of Appeal comes to an end on July 2, 2021.
The last day of the BBI case hearing at the Court of Appeal comes to an end on July 2, 2021.
Image: CHARLENE MALWA

The case at the Court of Appeal on the Building Bridges Initiative BBI entered its final day on Friday.

The parties involved in the case made their last submissions, each side trying to convince the court to rule on its behalf.

Judges during the final day hearing of the BBI case at the Court of Appeal.
Judges during the final day hearing of the BBI case at the Court of Appeal.
Image: CHARLENE MALWA

The plaintiffs want the court to overturn the ruling made by the High Court which termed the BBI process was unconstitutional, null, and void.

Senior Council Martha Karua making her submissions during the BBI case at the Court of Appeal on July 2,2021.
Senior Council Martha Karua making her submissions during the BBI case at the Court of Appeal on July 2,2021.
Image: CHARLENE MALWA

On the other hand, respondents want the court to uphold the ruling of the High Court in its final decision.

The hearing started on July 29, and the court of Appeal President Daniel Musinga said that the Court will not extend the time.

Senior Counsels Githu Muigai, Martha Karua, Kithure Kindiki, and LSK president Nelson Havi at the Supreme Court building during the hearing of the BBI appeal on July 2, 2021.
Senior Counsels Githu Muigai, Martha Karua, Kithure Kindiki, and LSK president Nelson Havi at the Supreme Court building during the hearing of the BBI appeal on July 2, 2021.
Image: CHARLENE MALWA

Senior Counsel Martha Karua has asked the Court of Appeal to use its power bestowed by the Constitution to punish the political elite who want to use their influence to abuse it.

Senior Council Martha Karua and the respodents team during the the hearing of the BBI case at the Court of Appeal on July 2, 2021.
Senior Council Martha Karua and the respodents team during the the hearing of the BBI case at the Court of Appeal on July 2, 2021.
Image: CHARLENE MALWA

In her submissions on the last day of the BBI appeal hearing, Karua said the court’s powers are not inferior to those of the Executive, and that all arms of government derive their power from the people.

“This court's powers are not inferior to the Executive, all arms of government derive their power from the people and this court has the final word on the interpretation of the Constitution,” Karua said.

BBI case proceedings at the Court of Appeal on July 2021.
BBI case proceedings at the Court of Appeal on July 2021.
Image: CHARLENE MALWA

Lawyer Christian Andole urged the seven-judge bench to order President Uhuru Kenyatta to personally refund taxpayers' money used in the alleged illegal process.

Christian Andole making the submission during the BBI case at the Court of Appeal on July 2, 2021.
Christian Andole making the submission during the BBI case at the Court of Appeal on July 2, 2021.
Image: CHARLENE MALWA

Andole represents Morara Omoke, who filed a cross-appeal against sections of the High Court judgment delivered in May.

Senior Counsel Waweru Gatonya arrives back in court for the BBI appeal hearing at the Supreme Court on July 2, 2021.
Senior Counsel Waweru Gatonya arrives back in court for the BBI appeal hearing at the Supreme Court on July 2, 2021.
Image: CHARLENE MALWA

He argues that the five-judge bench at the High Court erred in law when they failed to order the President to refund the funds used in the BBI process.