Battle lines drawn as final BBI duel set to get underway at Supreme Court


While parties often set out their own issues which they ask the court to determine, the Supreme Court judges said they decided to come up with seven issues on which they will allow parties to file their submissions in support or against.

“Having gone through the appeals and the responses, the court is of the considered view that the seven issues are what form the basis of the BBI appeals and which the parties need to address us on in their submissions,” Justice Isaac Lenaola said.

Key among the issues the judges will determine is the basic structure doctrine and whether it is applicable in Kenya.

The appellants also want the opinion of the apex court on whether the Constitution can only be changed by following four steps of civic education, public participation, constituent assembly debate and a referendum, all in sequence.

Both the High Court and the Court of Appeal declared the basic structure principle is applicable to Kenya.

It is on this basis that the judges of the lower courts declared the BBI unconstitutional for seeking to alter the basic structure without following the required order.

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