The seven-judge bench hearing the BBI appeal has said it will take 50 days to make a ruling in an announcement that is increasingly closing the window for a referendum before 2022.
Court of Appeal President Daniel Musinga said they will deliver the judgment seven weeks from today on August 20.
The IEBC, which on Friday affirmed that the the next election will take place on August 9, 2022, has already announced its roadmap to the polls.
Official campaigns are to kick off in April, which may complicate matters for President Uhuru Kenyatta and his handshake partner Raila Odinga, who are banking on the changes to craft their succession matrix.
The proponents of the BBI-led bid to amend the 2010 Constitution had initially scheduled the national referendum to be held by June but the High Court slammed breaks on it.
The August 2022 General Election is fast approaching and election experts have warned that the plebiscite is no longer tenable.
Prof Githu Muigai pleaded with the court to give an early date because of the IEBC timelines they have.
However, Justice Musinga said they will not change the date.
Justice Musinga will retreat with his colleagues Justices Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye and Francis Tuiyot.
Justice Musinga thanked all the parties who have been in court battling it out since Tuesday this week seeking to persuade the court to rule in their favour.
The judge also noted that they have voluminous documents that they must plough through in order to reach a determination.
The case has over 20 active parties who have each filed submissions and list of authorities that the judges have to go through.
BBI PROTAGONISTS’ CASE
- The court erred in law by finding that the commission lacks quorum for the performance of its mandate
- The Judges erred in finding that there was no legal framework for the conduct of referendum yet there exist provisions covering the full spectrum of the process.
- The judges erred in finding that IEBC had no obligation to ensure that the promoters of the Bill had complied with the requirements of public participation before transmitting the BBI bill 2020 to County Assembly.
- A president has absolute immunity and cannot be sued either in civil or criminal proceedings as long as he is still in power.
- The judges condemned him unheard by issuing orders against him when he was never served with the petition at the high court.
- Suna East MP Junet Mohammed and Dennis Waweru were the true initiators of BBI and not the President.
- The Constitution of Kenya has no basic structure.
BBI OPPOSERS’ CASE
- The president violated the Constitution by initiating the BBI process saying he has no mandate to institute constitutional amendments.
- The court should order the president to refund public funds used to spearhead the BBI process
- They argue that the Constitution has a basic structure and its unamendable
- They argue that IEBC lacks quorum to carry out their official mandate.
- Accuse IEBC of failing to carry our proper voter signature verification on the 4 Million signatures collected from Kenyans who supported BBI Bill.
- They also argue that the BBI amendments should be reduced into one referendum question.
- They argue that there was no public participation in the BBI process.