The Supreme Court hold its physical session on 9th November 2021, to determine the way forward for BBI. The sitting was led by the chief justice Martha Koome and other six judges.
The case was filed by the attorney general, IEBC and the BBI committee. They argues that the correct decision was not made by the court of appeal.
Some of the petition before the supreme was by activist Isaac Aluochier to request that three judges should withdraw from hearing the case. The three judges include; Justices Njoki Ndungu, Smokin Wanjala, and Mohammed Ibrahim. But the court reject the petition because it did not meet the threshold.
The court further denied the request of PNU to be involved in the BBI case. The court said that PNU did not have stake in the matter. Justice Njoki Ndungu added that PNU never meet the threshold for admission.
On her side the chief justice said that the case will be held on 18th, 19th and 20th January of 2021. The case will be held by seven judges who will give the way forward.