THE COURT of Appeal ordered that the case against the constitutional reform process (through the BBI bill) will be heard today.
The President of the Court of Appeal, Judge Daniel Musinga, ordered ODM’s attorney general Raila Odinga, the Independent Electoral and Boundaries Commission (IEBC) and the Attorney General who appealed to the court.
Others who will appear in court include the complainants who filed the case in the high court, among them an economist, Dr. David Ndii.
Judge Musinga ordered all parties to appear before the three justices of the Court of Appeal to present their case and get more guidance on how to hear appeals filed with a view to reviewing the BBI process before the referendum.
Judge Musinga said the court would give direction on whether the full appeal would be heard or whether it would be a petition to cancel the hearing of the case.
Lawyers Mutuma Gichuru, Nelson Havi and Morara Omoke wrote to the appellate court requesting that the case be heard by either seven or 11 judges.
“Appeals filed will be heard on June 2, 2021 to provide direction on whether the filed application will be heard first or the full appeal will be heard directly,” the appellate court registrar, Mr Moses Serem said in a statement to the lawyers concerned.
In an appeal filed by the attorney general who is also the government’s adviser, Mr Kihara Kariuki, the court is asked to overturn the decision of five high court judges who said the law and constitution were not followed when the BBI process was launched by President Kenyatta and Mr Odinga.
The five judges argued that Article 232 of the constitution was not followed in the process of reforming it.
The judges also accused President Kenyatta of breaking the law when he dared to change the constitution while the job was either parliamentary or civilian.
Mr Kihara says if the appeal is not resolved soon then President Kenyatta could be charged with treason and violating the Constitution.
The court is being asked to overturn the five-judge decision by braking the process, which is affecting the public interest, considering that billions of dollars have been spent on it.
