Editor's Review

  • The directive meant that plans by the handshake team led by President Uhuru Kenyatta and ODM leader Raila Odinga to have a referendum in July this year had been dealt a major blow.

On Friday, the BBI appeal hearing came to an end after four days of detailed submissions by appellants and respondents.

Issuing a directive after the hearings were finalised, Court of Appeal President Justice Daniel Musinga noted that the court will deliver a ruling on August 20.

The directive meant that plans by the handshake team led by President Uhuru Kenyatta and ODM leader Raila Odinga to have a referendum in July this year had been dealt a major blow.

If the Court of Appeal overturns the High Court ruling on August 20, 2021, the earliest a referendum can be held is after three months (90 days) which means the earliest possible date will be on November 18, 2021.


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The outcome of the referendum if held, will determine the fate of IEBC going forward. In the event that the referendum is held and passed, the IEBC would have to conduct a boundary review and create 70 new constituencies within a maximum period of six months.

This would also mean that parliamentary aspirants affected by the boundary review would have to wait until April 2022 to launch their bids, four months before the general election.

Meanwhile, Odinga has expressed optimism that the Court of Appeal will overturn the High Court decision and BBI return.

Speaking in Nyeri on Friday, the former Premier noted that the appellants’ legal team had done an amazing job, and he believes a favourable verdict will be delivered by the courts.

“It is on half-time because of the courts but let me assure it will be back as ‘nobody can stop reggae,” Odinga said.