All Africa Kenya

Kenya: The Seven Judges Who Will Decide Fate of Bbi Appeal


Court of Appeal president Justice Daniel Musinga has appointed a seven-judge bench to hear and determine five appeals filed against a High Court ruling that blocked a plan to change the Constitution.

Justice Musinga will be the presiding judge on the bench that will determine the fate of President Uhuru Kenyatta’s Building Bridges Initiative (BBI), whose culmination was amendment of the Constitution to alter the country’s governance structure.

The other judges are Justices Roselyne Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale and Francis Tuiyott.

The judges are drawn from various court stations. Justices Musinga, Nambuye, Okwengu and Sichale are based in Nairobi while Justice Tuiyott is from Kisumu. Justice Kairu is the presiding judge in Mombasa and Justice Kiage is the presiding judge in Kisumu.

Justice Tuyoitt joined the Appellate court recently following a recent appointment by President Uhuru Kenyatta.

Hearings set to start

Hearing of the five appeals, lodged by lawyer Charles Kanjama, the BBI secretariat, President Uhuru Kenyatta, the Attorney-General and the electoral agency IEBC, is scheduled to start on Tuesday next week.

However, lawyer Kanjama’s appeal hangs in the balance following an application by the Attorney-General seeking to have it struck out on account of being improperly before the court.

The AG’s application will be determined on Monday before the bench embarks on the full hearing of appeals.

There is also a cross appeal by lawyer Morara Omoke challenging failure by the High Court to order President Kenyatta to refund public cash spent on the BBI exercise.

Refund cash

Mr Omoke argued that the bench led by Justice Joel Ngugi erred in law by declining his request for an order that President Kenyatta returns any public funds used in the ‘unconstitutional process’.