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This is also the position taken by the Third way Alliance that has asked Musinga to appoint a seven-judge bench.
Third Way Alliance cites the complexity of the case for their request.
“That you consider assigning this case to a minimum seven-judge bench considering the complexity, breadth and nature of the issues involved including the great public interest the matter has generated,” the letter reads.
Mutuma also wants the court to allocate at least two days for a full hearing for the oral submissions arguing that the matter is extremely complex.
President Uhuru Kenyatta and his handshake partner Raila Odinga have moved to the Court of Appeal to try and salvage the BBI Constitution amendment process.
Uhuru and Raila are determined to have the Court of Appeal overturn the five-judge bench ruling that blocked the BBI process as they plot to breathe life into their 2022 succession plan.
Two weeks ago, a five-judge bench comprising of Justices Ngugi, Odunga, Ngaah and Matheka, Mwita declared the BBI process to amend the 2010 Constitution as unconstitutional, null and void.
In their ruling, the judges who have been hailed for their findings said a constitutional amendment through a popular initiative is only a preserve of the ordinary Kenyans and not the executive.
They declared that the 14- member BBI Taskforce—which was headed by the late Garissa Senator Yusuf Haji was an unlawful entity.
In the hard-hitting ruling, the judges also ruled that Uhuru violated Chapter 6 of the Constitution on leadership and integrity noting that the President initiated and promoted a constitutional change process contrary to the provisions of the Constitution on the amendment.
The judges also said civil court proceedings can be instituted against Uhuru or a person performing the functions of the office of President during their tenure of office in respect of anything done or not done contrary to the Constitution.
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