Court Of Appeal President Justice Daniel Musinga has said there will be a bench of seven judges to hear the Building Bridges Initiative appeal.
Justice Musinga on Wednesday said the seven-judge bench will sit in a tent outside the Supreme Court with the blessings of the CJ.
Justice Musinga is presiding in the Case Management Conference on the BBI appeals.
The other judges are Roseline Nambuye and Hannah Okwengu.
The three-judge bench gave interim orders to IEBC allowing them to continue discharging their functions but limited to that alone and not the referendum.
This means the commission can conduct by-elections but not anything to do with the referendum.
All the appeals have been consolidated and will be heard together.
The court directed all appellants to serve their memorandum of appeal within seven days.
Respondents are to file responses within 14 days while appellants to respond within three days.
All submissions will be limited to 40 pages for each party.
The hearing will commence on June 29 through to July 2.
Lawyer Dudley Ochiel, appearing for Dr Jack Mwimali, raised the issue of the President's speech during the Madaraka Day celebrations in Kisumu on Tuesday.
Ochiel said the President who is a party to the case made remarks that undermined public confidence in the Judiciary.
On that issue, Justice Musinga said he wants the proceedings conducted with the dignity required.
"Let's us be respectful with each other, let us not begin to prosecute this matter in the media," the judge said.
"Let us allow the court to make a fair decision without attacks and comments by all concerned."
Lawyer Ochiel wanted to be given 21 days to respond because of the volume of documents served.
He said they have so far been served with 9,000 pages.
Lawyer Paul Mwangi for the BBI task force opposed the move saying even though the documents are huge they are not new documents and parties have interacted with it at the High Court.
On his part lawyer, Elias Mutuma wants the court to direct appellants to serve them with hard copies because they have the resources from taxpayers' money.
The respondents asked the court to be fair on the issue of time with Lawyer Muthomi Thiankolu claiming that the appellants (state) filed the appeal close to 20 days since the judgment was issued by the High Court giving them an upper hand over them.
Lawyers George Oraro for the AG asked the court to allow them to file 30 pages, the same as Lawyer Orengo for ODM leader Raila Odinga.
However, Justice Musinga suggested to the parties that the submissions be about 20-25 pages.
Mutuma also said they will file the report and Hansard from the Parliamentary Joint Legal Affairs Committee on BBI to court.
All parties have urged all seven judges to appear physically in court.
This is after Justice Musinga asked parties if they were comfortable with some of the judges appearing virtually.
The lawyers all agreed that the judges should appear physically to avoid perceptions.