Raila: We Will Not Appeal Friday's BBI Ruling

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    President Uhuru Kenyatta (left) with ODM leader Raila Odinga (right) at the Jomo Kenyatta International Stadium in Kisumu during the Madaraka Day celebrations on June 1, 2021
  • Former Prime Minister and Orange Democratic Movement party leader, Raila Odinga, has said that his team will not head to the Supreme Court should the Appellate Court throw out the Building Bridges Initiative (BBI).

    The Court of Appeal will make a determination on the constitutionality of the BBI Bill on Friday, August 20 following an appeal made by its (BBI) proponents after the High Court declared it null and void.

    According to Nation, the former premier explained that he would not pursue the matter further and would rather concentrate on winning the 2022 General Election.

    A seven-Judge bench chaired by Justice Daniel Musinga is expected to make the ruling on the highly contested bill.

    President Uhuru Kenyatta and Raila Odinga at KICC in Nairobi for the National launch of BBI signatures collection exercise. November 25, 2020.

    If approved, the decision will see Kenya head to a referendum to amend the 2010 Constitution.

    Other judges on the bench are Justices Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuyyoit.

    The High Court, in a ruling in May, declared the Constitutional Amendment Bill 2020 unconstitutional due to a number of illegalities.

    The ruling came after a five-Judge bench of the High Court sitting in Nairobi reviewed the submissions made by the parties involved. The judges made a determination on 17 questions raised by petitioners opposed to the whole BBI process.

    The ruling was made by Justices Teresia Matheka, Joel Ngugi, George Odunga, Jairus Ngaah, and Chacha Mwita.

    BBI’s Secretariat was declared illegal as it was an initiative of the President while all actions taken by IEBC, in respect to the Constitution Amendment Bill 2020, were ruled as null and void.

    Political storm erupted shortly after the ruling with BBI proponents claiming that the exercise was unfair. Justices Ngugi and Odunga paid the ultimate price after they were left out of appointments to the Court of Appeal by President Uhuru Kenyatta.

    The highly anticipated Friday ruling arises from an appeal filed by Attorney General (AG), Paul Kihara Kariuki.

    The former President of the Court of Appeal - through the Solicitor General - argued that he was displeased with the shock ruling made against BBI, especially after the judges declared that the Bill illegal as it flouted several clauses of the Constitution. 

    Attorney General Paul Kihara Kariuki.
    Attorney General Paul Kihara Kariuki.