Parties in BBI Appeal case unhappy with allocated timings at Supreme Court

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However, parties from sides have written letters to the deputy registrar saying they are either dissatisfied with the time given or being left out of the list of the main parties who will submit to the court.

In a letter dated January 16 through Solicitor General Kennedy Ogeto, the AG has asked the court to reconsider the time allocated to them.

Ogeto says their appeal contains a majority of the grounds identified by the court as constituting the matters to be addressed in the consolidated appeals while IEBC will be dealing with two or one ground.

Ogeto further claims the respondents have been allocated a combined time of more than six hours to reply to the submissions that they make the 45 minutes.

“The appellants have been allocated a combined time of two hours and 15 minutes against the respondents six hours. It is the AGs humble view that even on the basis of equality of arms, the time allocated to the two sides should be equal or as near as possible,” the letter reads.

On the other hand, Justus Juma and Isaac Ogada have also written to the court saying they were left out from the list of respondents and they should also be allocated 45 minutes since they were main petitioners at the High Court.

Lawyer Dudley Ochiel has also written to the court saying his client Dr Jack Mwimali has been left out of the list and should also be granted 45 minutes as the main respondent.

Ochiel has also opposed the inclusion of Phelister Wakesho as a main respondent arguing that she was not a petitioner but has been allocated 45 minutes to the detriment of real petitioners.

Both the High Court and the Court of Appeal shot down the push to amend the Constitution through the BBI, describing the Constitution (Amendment) Bill, 2021, null and void.

In his appeal, the Attorney General is challenging key findings of the lower courts that overturned the bid to amend the Constitution.

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