The much-awaited judgment on the contentious Buiding Bridges Initiative (BBI) will be delivered on Thursday, March 31, the Supreme Court has announced.
In a notice on Monday, Letizia Wachira, the court registrar, said the ruling will be delivered from 9:00am.
The matter was heard for three days, from 18 to 20 January, 2022.
The 7-judge bench that heard the case comprised of Justices Martha Koome (Chief Justice), Philomena Mwilu (Deputy CJ), Smokin Wanjala, Njoki Ndungu, Ibrahim Mohammed, Isaac Lenaola and William Ouko.
The judges are expected to uphold or quash a ruling on the lower courts that declared the BBI process unconstitutional, null and void.
Also Read: BBI Process Is Unlawful, Constitutional Court Rules
The petition was filed by Attorney General Paul Kihara who differed with the Court of Appeal judges on a number of findings.
The AG faulted the Court of Appeal for declaring the BBI process unconstitutional.
In his petition, the AG sought the Apex Court’s interpretation on whether the basic structure doctrine is applicable in Kenya.
The AG also challenged the Court of Appealing ruling that the President does not have authority under the Constitution to initiate changes to the Constitution, and that a constitutional amendment can only be initiated by Parliament through a Parliamentary initiative under Article 256 or through a popular initiative under Article 257 of the Constitution.
Also Read: Mixed Reactions as DP Ruto Praises God for Saving Kenya after BBI was Declared Unconstitutional
A majority of the Court of Appeal judges had in August 2021 ruled that the BBI process was not a popular initiative as it was promoted by President Uhuru Kenyatta in his capacity as the Head of State.
On the decision of the court that the President can be sued in his personal capacity under his tenure, Kariuki insists that the judges contradicted the constitutional provisions on presidential immunity.
BBI is a product of the March 9, 2018, political truce between President Kenyatta and opposition leader Raila Odinga, popularly known as the handshake. BBI is seeking, among others, to expand the Executive and introduce the office of the Prime Minister and two deputies.
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