Editor's Review

A seven-judge panel from the Court of Appeal upheld the High Court's ruling that the BBI process was unconstitutional.

The Supreme Court will on Thursday make its ruling regarding the Building Bridges Initiative Report that had been challenged by the proposers.

In a judgement notice to the parties involved, Supreme Court Registrar Letizia Wachira said that the ruling will be made from 9 am before the Supreme Court.

BBI was a constitutional referendum scheduled to occur in Kenya in June, 2021.

On August 20, 2021, a seven-judge panel from the Court of Appeal upheld the High Court's ruling that the BBI process was unconstitutional.

In September 2021, the Attorney General's Office filed a notice of appeal announcing that it will challenge the Court of Appeal's ruling, taking the case to Kenya's Supreme Court.

During the hearing at the Supreme Court, the respondent asked the court to uphold the judgement of both the High Court and the Court of Appeal.


Lawyer Evans Ogada who was representing a civil society group asked the seven-Judge bench to be bold in its ruling and to remember the journey that Kenya has come through in terms of constitution making process.

“In your quest to find judicial truth, we pray that this court remains alive to the history and mottled by corruption, nepotism. The court is besotted to remember our constitutional history and the price that was paid by martyrs who along the way shed blood,” said Ogada.

ODM leader Raila Odinga has been campaigning that the BBI will be back after the August 9 elections, if he wins the presidency.

Raila said that the BBI was a good document to Kenyans and that there were a few elements that should have been considered later after the passage of the bill.

Also, President Uhuru Kenyatta faulted the High Court for sabotaging the will of the people, saying that BBI was meant to benefit all Kenyans.

Deputy President William Ruto has been the man opposing the BBI from the word go, and his allies in both the National Assembly and the Senate have been voting against the bill to amend the 2010 Constitution of Kenya.