BBI: Appeal Court Allows Thirdway Alliance to File Additional Evidence

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The court allowed two files including the join parliamentary Justice and Legal Affairs Committee (JLAC) report and the Hansard of the Senate on the debate and approval by the Senate of the Constitution of Kenya (Amendment) Bill, 2020.

The Court of Appeal on Friday allowed the Thirdway Alliance party to file additional evidence in the Building Bridges Initiative suit set to begin on June 29.

The court allowed two files including the join parliamentary Justice and Legal Affairs Committee (JLAC) report and the Hansard of the Senate on the debate and approval by the Senate of the Constitution of Kenya (Amendment) Bill, 2020, which was annulled in totality by the Constitutional Court prompting the appeal.

The National Assembly and the Senate passed the Amendment Bill on May 6 and May 12 respectively.

Thirdway Alliance had argued that the Joint JLAC Report provides a detailed analysis by Parliament of the Amendment Bill for its constitutional and legal validity, including the recommendation that a legal framework is required for processing of amendments to the Constitution by popular initiative.

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Eighteen out of the 27 members of the joint parliamentary JLAC team penned their signature on the majority report of the BBI bill.

In the ruling issued by Justices Daniel Musinga, Jamila Mohammed and Roselyne Nambuye, the appellate court noted that the two reports are relevant to the matters under consideration in the BBI appeal case.

The court ruled that there would be no serious prejudice that would be occasioned to any party by production of the additional evidence

“We equally think that it cannot be disputed that the Report is relevant to the matters under consideration in these consolidated appeals,” the judges noted.

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