The Attorney General (AG) and the Independent Electoral and Boundaries Commission (IEBC) have moved to the Supreme Court and filed a notice of appeal against the Appellate Court’s judgment on BBI.

The Court of Appeal upheld the High Court's decision that the Constitution of Kenya Amendment Bill dubbed the BBI was unconstitutional.

IEBC said it intends to appeal against part of the Court of Appeal’s findings including the mandate of the IEBC, the quorum and constitutional composition. 

“TAKE NOTICE that the IEBC, the Appellant being dissatisfied with the decision of the Court of Appeal given on the 20th day of August 2021 by Honourable Justices D. Musinga; R. Nambuye; H. Okwengu, P. Kiage, G. Kairu, F. Sichale and F. Tuiyot intends to appeal to the Supreme Court against such parts of the decision in relation to the findings by the Honourable Court touching on or relating to the constitutional composition, quorum and mandate of the IEBC,” court documents read.

Meanwhile, the AG has also filed his appeal. The AG’s appeal has eight grounds, including court findings that the basic structure is applicable in the country.

The Appellate Court’s ruling that BBI contravened Article 10 of the constitution does not satisfy him.

The AG is also challenging the findings the civil proceedings can be instituted against the president or a person acting in his capacity during his tenure in regards to anything done or not done contrary to the constitution of Kenya.

He will also challenge the ruling that the president does not have the constitutional authority to initiate changes to the constitution.