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Court of Appeal holds conference on BBI appeal

The Court of Appeal is holding a case management conference on four appeals challenging the recent nullification by the High Court of the Building Bridges Initiative (BBI) constitutional amendment push.

The conference is being presided by a three-judge bench led by the President of The Court of Appeal, Justice Daniel Musinga. The other Court of Appeal Judges on the bench are Lady Justice Rose Nambuye and Lady Justice Hannah Okwengu.

The conference comes a day after President Uhuru Kenyatta on Tuesday faulted the Judiciary over the recent High Court decision that declared the BBI process unconstitutional, null and void.

President Kenyatta is among the appellants to the BBI ruling.

Speaking in Kisumu where he made his Madaraka Day address to the nation, President Kenyatta said the judges should have considered a cost benefit analysis in determining the matter, warning that the ruling risked courting chaos in the country’s political environment.

President Kenyatta said, “The moral foundations of justice demand that the judiciary bears the burden of choice and consequences thereof; especially where the burden of judicial choices is proposed to be carried by the people.”

The Head of State singled out the Supreme Court’s nullification of his election in 2017, which he claimed to have cost the country KSh. 1 trillion during the 123 day 2017 election period.

“From the nullification of a presidential election in 2017 to an attempt to stop the will of the people as expressed through BBI, the judiciary has tested our constitutional limits.” said President Kenyatta.

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