A seven-judge bench of the Court of Appeal will tomorrow (Friday) deliver a ruling on the Building Bridges Initiative (BBI).
All eye are set on the Court of Appeal President Daniel Musinga, Judges Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuiyot, who are expected to either overturn the high court ruling that stopped the BBI process or uphold it.
In a communication to parties, only 16 lawyers will be allowed in the court while the rest will follow proceedings online in compliance with the Covid-19 protocols.
According to the Appellate Court Deputy Registrar Lorraine Ogombe, each side will select eight lawyers who will be in court.
The high court bench of five judges including; Judges Professor Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita, and Lady Justice Teresia Matheka declared the BBI process as unconstitutional, null, and void in May this year.
The BBI process had sought to amend the 2010 Constitution.
The High Court ruled that a constitutional amendment through a popular initiative is a preserve of the Kenyans and not the executive.
Meanwhile, ODM leader Raila Odinga has ruled out taking the BBI case to the Supreme Court should the Court of Appeal uphold the High Court ruling, saying his focus is now on winning the 2022 presidential election.