Editor's Review

  • The Court of Appeal has responded to a letter by Linda Katiba lobby group, seeking rectification of final BBI Appeal ruling delivered by the court over claims that some sections were erroneous.

The Court of Appeal has responded to a letter by Linda Katiba lobby group, seeking rectification of final BBI Appeal ruling delivered by the court over claims that some sections were erroneous.

In its response, the Court headed by Justice Daniel Musinga noted that there were no errors in the final ruling, thus no need for any corrections.

According to Justice Musinga, the final ruling was in line with the sentiments of each judge, therefore there is nothing to correct as sought by the lobby group.

"I have been directed by Justice Musinga to inform you that there is no error in the final orders, and respectfully, no correction is necessary," a letter sent to the lobby group by Lorraine Ogombe, the Deputy Registrar of the Court of Appeal read in part as quoted by Nation.


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Court of Appeal President Justice Daniel Musinga. [Photo: Courtesy]

Last week, Linda Katiba; one of the parties that opposed the BBI petition at the Court of Appeal moved back to the court seeking a review of the judgment, arguing that some parts are erroneous and favour the state.

The lobby group through one of its lawyers Morara Omoke argued that some sections of the final ruling presented to them did not match what the judges read while delivering the ruling on August 20, 2021.

The group gave an example on the issue of whether the proposed BBI referendum should be one main question, or separate individual proposals, noting that they believe there was an error in the total tally of judges who votes for and against the issue.

"Our reading of the judgment delivered by the Court of Appeal reveals the possibility of an error in the final tally of the Judges of Appeal who voted to overturn the findings of the High Court that: Article 257(10) of the Constitution of Kenya 2010, requires all the specific proposed amendments to the Constitution be submitted as separate and distinct referendum questions to the people," Omoke’s letter was quoted by Nation.

The group wanted the court to review and revise the ruling in order to provide clarity and avoid any future appeals on the issue.