August 18, 2022

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David Ndii,BBI opponents given two weeks to file responses to the appeal

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The Supreme Court yesterday granted economist David Ndii and other Building Bridges Initiative (BBI) opponents two weeks to file responses to the appeal that was filed by the Attorney General last week.

When the matter came up for mention before the apex court, all the respondents including Ndii, Kenya National Union of Nurses, Thirdway Alliance, 254 Hope, Justus Juma, Morara Omoke and Isaac Aluochier were given 14 days to file and serve their pleadings in the case.

The court directed the case to be mentioned on October 21 to confirm compliance and for further directions. In yesterday’s court proceedings, only two of the petitions, one that was filed by Attorney General Kihara Kariuki and the other by lawyer Omoke were mentioned and directions given.

Applications that are pending directions include one by lawyer Charles Kanjama seeking leave to rely on Omoke’s record of appeal.

The appeal by electoral agency (IEBC) and Kanjama are also awaiting directions from the court on how they will proceed.

 Kariuki, through Solicitor General Kennedy Ogeto, filed the appeal at the Supreme Court after he was dissatisfied with the decision of the Court of Appeal.

“The Attorney General, being dissatisfied with the decision of the Court of Appeal given at Nairobi on August 20 intends to appeal to the Supreme Court against such part of the said decision that upheld the findings of the High Court,” says Ogeto.

Three international constitutional law experts have applied to be enjoined as amicus in the appeal. David Landau, Gautam Bhatia and Rosalind Dixon, through lawyer Brian Odongo, say they have been cited by the US Congress and by the Supreme or constitutional courts of Australia, Israel, Brazil, Colombia, Chile, Canada and India.

Credit:PD

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