Court of Appeal's 11 Rules on BBI Case

Justice Daniel Musinga, President of the Court of Appeal locked in the hearing of the case for the dates of June 29 and July 30, July 1 and 2 by a bench of seven judges of the court, raised from three earlier on Wednesday.

Court of Appeal's 11 Rules on BBI Case

The Court of Appeal on Wednesday, June 2 released 11 directives that must be followed concerning how the BBI case will be heard - and determined.

Justice Daniel Musinga, President of the Court of Appeal locked in the hearing of the case for the dates of June 29 and July 30, July 1 and 2 by a bench of seven judges of the court, raised from three earlier on Wednesday.

The rules are as follows: 

1. Record of appeal having been filed, all appeals (against and for BBI) are hereby consolidated and shall be heard together.

Justice Daniel Musinga, Court of Appeal President. /TWITTER

2. All intended appellants who have filed notices of appeal shall be at liberty to file supplementary records of appeal and or memorandum of appeal as may be appropriate within 7 days from the date hereof (June 2).

3. Any respondent intended on filing a cross-appeal shall be at liberty to do so within 7 days of the date hereof (June 2).

4. All appellants shall file and serve their respective submissions and bundle of authorities within 7 days of the date hereof (June 2).

5. The respondents shall file and serve their respective submissions and bundle of authorities within 14 days from the date of service of the appellant's submissions.

6. The appellants shall be at liberty to file a reply within 3 days from the date of service of the respondent's submissions. 

7. The respective submissions shall be limited to 40 pages, font 12, 1 & 1/2 spacing. 

8. The consolidated appeal shall be heard by way of written submissions within oral highlights limited to two hours for each appellant and respondent. However, the court shall be at liberty to limit the time allocated to avoid repetition.

9. The applicants shall be at liberty to make a reply to the respondent's submissions limited to 30 minutes.

10. The appeal shall be heard on June 29 and 30, July 1 and 2 by a bench of 7 judges of the court. 

11. The hearing shall be heard at an open court in a venue to be arranged in compliance with COVID-19 protocols. 

Judge Daniel Musinga further directed the Independent Electoral and Boundaries Commission (IEBC) to continue carrying out its statutory and administrative functions except for dealing with any of the contentious issues arising from the High court judgement relating to the Constitution of Kenya amendment bill 2020.

The High Court had ordered the IEBC not to be discouraged from conducting its businesses after it lacked the quorum to verify BBI signatures. 

The five judges had ruled that IEBC could only legally operate when it has a quorum of five commissioners, stating that although the Constitution set the quorum for the commission to three, Parliament increased the minimum number of commissioners at IEBC to five.

The five-judge-bench that ruled against the BBI document on May 13, 2021. /FILE