Thread by @ochieljd

How to Watch the SCORK #BBIAppeal opinion tomorrow @katibainstitute
#appellatetwitter
#lawtwitter

1/9

The full SCORK bench of seven heard the seven broad issues raised in the appeal. The court's decision will be that of a majority of judges (at least four judges) on each issue. Decision could be unanimous or split several ways. 2/9 #BBIAppeal

Issue 1: Applicability of the Basic Structure Doctrine in Kenya; whether the Basic Structure of the Constitution can only be altered through the primary constituent power. Meaning of primary constituent power. 3/9

Issue 2: Whether the President can initiate constitutional change. Whether a constitutional change can only be initiated via Parliament under Article 256 or a popular initiative under Article 257 of the Constitution. 4/9

Issue 3: Constitutionality of the Second Schedule to the BBI Bill (creating additional constituencies) 5/9

Issue 4: Whether civil proceedings can be instituted against the
President or acting President during their tenure of office over anything done or omitted contrary to the
Constitution. 6/9

Issue 5: The public participation obligation under Article 10 and the IEBC's role under Article 257(4) of the Constitution; was there public participation on the Constitution of Kenya (Amendment) Bill,
2020? 7/9

Issue 6: Interpretation of Article 88 and 250 of the Constitution on composition and quorum of the IEBC. Was the IEBC quorate to handle the BBI Bill? 8/9

Issue 7: Unity of content rule: does Article 257(10) require all specific proposed amendments to be presented as separate and distinct referendum questions 9/9

In a split or individualised #BBIJudgment, we may have the CJ first introduce the court, preface the judgment, summarise issues... Then ascend from Ouko, Lenaola, Njoki, Wanjala, Ibrahim Js, Mwilu DCJ, and finally Koome CJ to read hers and announce the majority verdict + order