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Development: Court of Appeal issues new ruling on BBI

Court of Appeal allows new application

BBI graphic provided by the BBI Secretariat (Twitter)

The Court of Appeal on Friday made a new ruling in a matter relating to the Building Bridges Initiative (BBI) referendum bill.

An application by Thirdway Alliance Party Chairperson Miruru Waweru sought to introduce additional evidence to an appeal on the High Court ruling that declared BBI null and void.

Mr Waweru in his application justified the need for the JLAC report to be considered stating that the report had not been considered by the High Court because it hadn't been formed at the time the case was taken to court.

He added that the parties to the suit would not suffer any prejudice if the JLAC Report is produced as evidence before the Court.


The application further pointed out that there was need for a legal framework to guide the processing of bills to amend the Constitution by popular initiative.

"Consequently, we allow the application and hereby grant leave to the applicant to file additional evidence in the form of an affidavit containing the Joint JLAC Report and the Hansard of the Senate on the debate and approval by the Senate of the Constitution of Kenya (Amendment) Bill, 2020.

"Any respondent who wishes to file any affidavit in response, pursuant and related to the production of the documents stated hereinabove may do so within the next two days, so that the hearing of this appeal proceeds as scheduled," the court ruling read.


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