Petitioner moves to file additional evidence in BBI appeal case

An application has been filed at the Court of Appeal in the BBI appeal case seeking to have a petitioner adduce additional evidence.

The said evidence is in the form of an affidavit containing the joint report of the Departmental Committee on Justice and Legal Affairs and senate Standing Committee on Justice, Legal Affairs and Human Rights dated April 23, 2021 and the Hansard of the Senate on the debate and Approval by the Senate of the Constitution of Kenya (Amendment) Bill 2020.

Through lawyer Elias Mutuma, the petitioner; Miruru Waweru, says evidence he wishes to adduce is relevant to the matters under consideration in the consolidated appeal, adding that the said report provides a detailed analysis by Parliament of the BBI Bill for its constitutional and legal validity, and with the consideration of input from members of the public.

“Of particular relevance to the Applicants’ case, is the recommendation by Parliament that a legal framework is required for processing on amendment Bills by popular initiative,” reads the court papers.

He argues that he believes that the evidence is not only needful but useful in assisting the judges dispose off these appeals, adding that Appellants and other parties to the Appeal will not be prejudiced by the inclusion of this evidence for the Court’s consideration.

“It is in the interests of justice and in the public interest that the Notice of Motion, which seeks leave to adduce additional evidence in the appeal under rule 29 of the Court of Appeal rules 2010, be heard and determined as soon as possible in light of (1) above,” reads the court documents.