The Supreme Court will deliver its judgement on the BBI appeal filed by Attorney-General Kihara Kariuki and two other appellants on Thursday.
Kihara and the two appellants challenged the Court of Appeal’s decision that dismissed the BBI project on August 20, 2021.
The hearing of the BBI appeal at the Supreme Court ended on January 20, 2022.
The matter was heard by all the seven Supreme Court judges; Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Isaac Lenaola, William Ouko, Njoki Ndung’u, Ibrahim Mohammed and Smokin Wanjala.
The appellants disagreed with the Court of Appeal's judgement after raising several key issues.
The AG differed from the finding that the basic structure doctrine can be applied in Kenya.
Apart from that, Kihara was aggrieved because of the finding that stated President Uhuru Kenyatta can be sued while still in office and also the court’s affirmation that Kenya’s constitution can only be amended after civic education, public participation and the engagement of the county assemblies ahead of a referendum.
The AG also felt the Appellate Court made a mistake in finding that the president could not initiate the BBI process and declared the BBI illegal.
The BBI, or Building Bridges Initiative was a constitutional referendum scheduled to take place in the country in June 2021.
The initiative comprised a series of 78 proposed amendments to the Constitution of Kenya and spanned 13 of its 18 chapters.