Chief Justice Martha Koome faces an acid test when she delivers the most consequential judicial decision since her appointment to the position.
Lady Justice Koome will lead the seven-judge bench of the Supreme Court in ruling on the Building Bridges Initiative (BBI) appeal case.
The Supreme Court has been hearing the petition against August 2021, Court of Appeal declared that the BBI Bill was “unconstitutional, null and void” for the past three days.
BBI was the brainchild of President Uhuru Kenyatta and former Prime Minister Raila Odinga, and it made a raft of proposals, that could see radical changes to the Constitution.
The appellate court not only held that the President cannot institute constitutional amendments through a popular initiative but also that civic proceedings can be activated against him while still in office.
BBI case has been of huge interest to politicians and legal scholars.
Its fate now lies in the hands of the seven judges as both proponents and opponents put their best foot forward, to convince them to rule in their favour.
After the hearing, Justice Koome said their decision will be rendered “on notice”.
The judges are expected to determine whether certain sections of the Constitution are protected from the amendment, technically known as the Basic Structure Doctrine and whether the President can initiate changes/amendments to the Constitution.
They will also determine whether a constitutional amendment can only be initiated by Parliament through a parliamentary initiative or through a popular initiative.
Other issues include whether civil proceedings can be instituted against the President or a person performing the functions of the office of the President, whether there was Public Participation and the quorum of teh Independent Electoral and Boundaries Commission (IEBC).
