Appellate court settles on a Seven judge bench to hear BBI appeal

Appellate court settles on a Seven judge bench to hear BBI appeal

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BY KORIR JUMA,NAIROBI,2ND JUNE,2021-A seven-judge bench will hear the Building Bridges Initiative appeal.

The President of the Court of Appeal Daniel Musinga who is the presiding judge in the Case Management Conference on the BBI case which kicked off Tuesday morning said he will constitute the bench with the permission of Chief Justice Martha Koome.

Other judges are Roseline Nambuye and Hannah Okwengu. The lawyers further agreed with the court that the substantive appeal should be heard in full instead of hearing applications.

They had appealed to the court to expedite the case by setting aside other matters to hear the substantive appeals instead of the applications.

Some of the notable lawyers present include Githu Muigai and Eric Gumbo appearing for the electoral commission, Waweru Gatonye and Mohammed Nyaoga the President, George Oraro for the Attorney General, James Orengo for Raila Odinga, Martha Karua, Charles Kanjama, Nelson Havi, and Paul Mwangi.

The court adjourned for one hour and is expected to reconvene at midday to give further directions on the appeal.

The court last week directed all parties involved in the case to avail themselves physically.

The Registrar of the Court of Appeal K.K. Serem explained the conference would provide an opportunity for the court to give appropriate directions on issues such as the viability of hearing the four substantive appeals rather than the rule 5(2)b applications which allow the suspension of judgment made by the High Court to allow the process continue pending the hearing of the main appeal.

The three judge bench will also give directions on logistical issues relating to the hearing of the applications/appeals including the amount of time required for the parties to prepare and exchange submissions.

Among those who have filed their appeals challenging the ruling, include President Uhuru Kenyatta, Former Prime minister Raila Odinga, the Independent Electoral and Boundaries Commission, the office of the Attorney General and the BBI secretariat.

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