The Supreme Court led by Chief Justice Martha Koome has issued directives regarding the hearing and determination of BBI appeals.
The Chief Justice said that the petitions will be heard on three consecutive days from January 18 to January 20, 2022.
The court also consolidated three petitions namely; Attorney General vs David Ndii, 73 others, the Independent Electoral and Boundaries Commission (IEBC) vs David Ndii, 81 others and lawyer Omokes vs Uhuru Kenyatta and 83 others.
“Petition number 12 of AG vs David Ndii and 73 others will serve as lead files in the proceeding. Petitioners in the three respective petitions will be the appellants the rest will be respondents,” Koome ruled.
The Chief Justice further advised the appellants to file written submissions and list of authorities within 10 days.
“All submissions should not exceed 15 pages,” she added.
Petitioners requested the court to allow them submit their files within 15 days and not 10 as the court had decided while also requesting the maximum number of pages for the submission to be pushed to 40.
The court also allowed five international experts to be included in the case as amicus curiae. The five are Richard Albert (US), Yaniv Roznai (Israel), Rosalind Dixon (Australia), David E. Landau (US) and Gautam Bhatia (India).
BBI supporters had objected to their inclusion saying that they had not been part of the case when it was in the High Court as well as in the Court of Appeal.
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