The Court of Appeal has admitted two University Dons in the BBI appeal case as amicus curiae.
In a ruling delivered this evening, a three judge bench has allowed the applications by the two professors to be allowed in the case as friends of the court.
Professor Charles Fombad from the University of Pretoria South Africa and Professor Migai Aketch of the University of Nairobi, had separately asked the court to include them as friends of the court.
Justices Daniel Musinga, Roselyne Nambuye and Fatuma Sichale have agreed that the two are experts in constitutional law and will bring their respective briefs on issues related to the appeal.
“It is therefore necessary that we give them an opportunity to advance their arguments for the courts consideration in order to settle the question of their perceived bias, after all the court is not bound by their views,” the court ruled.
The court has further held that considering the public importance of these appeals, it is in the interest of justice that all opposing views are well considered before the court makes its determination.
The two dons have until Tuesday morning 9am to present their respective briefs in the BBI appeal through written submissions limited to 30 pages each.
In their application filed last week, they both said they are willing and ready to provide their independent and impartial opinion to the court to facilitate a comprehensive examination and consideration of the issues.
Fombad says he is a professor of Law and heads the African Comparative Constitutional Law Unit, Institute of International and Comparative Law in Africa (ICLA, Faculty of Law University of Pretoria.
Fombad says is participation in the proceedings as amicus will assist this court in developing the law on the legal and constitutional questions that fall for the courts determination.
He has authored over 90 journal publications, authoring over 50 book chapters and holder of several international positions including as a consultant to the AU on the African Governance Architecture cluster on constitutionalism.
Aketch on the other hand says he is a law professor at the UON adding that he has also worked as a governance expert at the African Union’s African Peer Review Mechanism.
He has authored two books, edited three books, authored 17 journal articles, authored 21 consultancy reports and consulted for various international organization on constitutionalist, governance and the rule of law.
He also says his research background demonstrates that he has the knowledge experience and expertise provide a detailed analysis of the history of the making the 2010 constitution.
Some of the BBI opposers had strongly opposed to the two being admitted in the case arguing that they had already taken a stand in support of BBI.
However, the AG did not oppose to the two being allowed in the case arguing that at the high court the court allowed several parties as amicus who were opposed to BBI.