In May a five-judge bench of the High Court ruled that the BBI Bill was unconstitutional because it was not a truly popular initiative to amend the Constitution.
Now the Court of Appeal will hear an appeal by President Kenyatta, the Attorney General and Raila Odinga in late June.
BBI supporters strongly believe that it will bring a new era of stability by introducing the posts of Prime Minister, Deputies, and a Leader of the Opposition plus channelling more money to the counties and creating more MPs.
Opponents believe that it is a charade to strengthen the executive presidency and will not benefit Wanjiku in any way.
The Court of Appeal should not take a political position. It should adjudicate the appeal purely on the legal arguments of whether the BBI Bill was constitutional or not.
Nor should the court be swayed by politicians - some saying that the High Court judgment was a blessing from God, some saying that it undermined the sovereignty of the people.
The judiciary balances the executive and legislature. Let the court demonstrate its independence by considering the legal arguments alone and ruling without fear or favour.
Quote of the day: "Preventing a war is tantamount to winning a war."
Raúl Castro
The Cuban commander and president was born on June 3, 1931
