Attorney General and IEBC Move to Supreme Court to Appeal BBI Judgement

The Attorney General and the Independent Electoral and Boundaries Commission (IEBC) have moved to the Supreme Court to appeal against the Building Bridges Initiative (BBI) judgment.

The two are dissatisfied with the Appellate Court’s verdict that upheld a High Court ruling that nullified the BBI Constitutional Amendment Bill. 

IEBC said it intends to appeal parts of the Appeals Court judgment on the mandate of the commission, and the quorum. 

“Take notice that the IEBC, the Appellant being dissatisfied with the decision of the Court of Appeal given on the 20th day of August 2021 by Honourable Justices D. Musinga; R. Nambuye; H. Okwengu, P. Kiage, G. Kairu, F. Sichale, and F. Tuiyot intends to appeal to the Supreme Court against such parts of the decision in relation to the findings by the Honourable Court touching on or relating to the constitutional composition, quorum, and mandate of the IEBC,” IEBC says in a notice of appeal.

The Attorney-General’s appeal has eight grounds, among them the court findings that the basic structure is applicable in the country and that BBI contravened Article 10 of the constitution.

He is also challenging the findings that civil proceedings can be instituted against the president or a person acting in his capacity during his tenure, and that the president does not have the constitutional authority to initiate changes to the constitution.