[PHOTOS] Supreme Court hears BBI appeal case

In Summary

• The AG put up a spirited fight before the apex court in a bid to revive the annulled BBI process.

• Through Solicitor General Kennedy Ogeto, the AG faulted the Court of Appeal for declaring the BBI process unconstitutional.

by TRACY MUTINDA Lifestyle, Entertainment Writer

InPictures

18 January 2022 - 14:14

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Supreme Court Judge Philomena Mwilu, Chief Justice Martha Koome, Supreme Court Judge Mohamed Ibrahim, Supreme Court Judge Njoki Ndung'u and Supreme Court Judge William Ouko during the BBI appeals hearing at the supreme court on January 18, 2022. PHOTO/EZEKIEL AMING'A

The Supreme Court judges will from Tuesday hear the appeal case on the Building Bridges Initiative (BBI).

The Court of Appeal in August upheld the High Court ruling that BBI is null and void and its processes were unconstitutional.

Supreme court judge Philomena Mwilu and Chief Justice Martha Koome during the BBI appeals hearing at the Supreme Court on January 18, 2022. PHOTO/EZEKIEL AMING'A

In a three-day sitting, the apex court will hear the appeals filed by Attorney General Kihara Kariuki, city lawyer Morara Omoke and the Independent Electoral and Boundaries Commission .

Former Attorney General Githu Muigai at the BBI appeals hearing at the Supreme Court on January 18, 2022. PHOTO/EZEKIEL AMING'A

The Attorney General On Tuesday put up a spirited fight before the apex court in a bid to revive the annulled Building Bridges Imitative (BBI) process.

Senior councils John Khaminwa and James Orengo consult before the beginning of the BBI appeals hearing at the supreme court on January 18, 2022. PHOTO/EZEKIEL AMING'A

Through Solicitor General Kennedy Ogeto, the AG faulted the Court of Appeal for declaring the BBI process unconstitutional.

Lawyers Esther Ang'awa and Nelson Havi consult before the beginning of the BBI appeals hearing at the supreme court on January 18, 2022. PHOTO/EZEKIEL AMING'A

Ogeto told the seven judges, led by Chief Justice Martha Koome, that their singular desire is that the court determines and settles the constitutional questions in their appeal.

Supreme Court judge Smokin Wanjala at the BBI appeals hearing at the Supreme Court on January 18, 2022. PHOTO/EZEKIEL AMING'A

"Not just for today but also and perhaps more importantly for posterity," he said.

He said Court of Appeal judges answered important questions the wrong way, ambiguously and gave contradictory justifications in some cases.

Supreme Court Judge Mohamed Ibrahim at the BBI appeals hearing at the Supreme Court on January 18, 2022. PHOTO/EZEKIEL AMING'A

On Monday, parties in the BBI appeal said they are disgruntled with the time allocated to them by the Supreme Court.

Last Friday, the Deputy Registrar of the Apex issued directions to parties on how the case will be conducted for the three days that it will be heard.

Supreme Court Judge Philomena Mwilu, Chief Justice Martha Koome, Supreme Court Judge Mohamed Ibrahim and Supreme Court Judge Njoki Ndung'u during the BBI appeals hearing at the supreme court on .January 18, 2022. PHOTO/EZEKIEL AMING'A

A source who requested not to be named because he is close to the case said the Supreme Court is in an unnecessary rush even though the matter is no longer going to impact the next general elections.

The court had directed that the Attorney General and IEBC who are appellants will have 45 minutes each to highlight their submissions.