The Court of Appeal duty judge has certified the Building Bridges Initiative (BBI) appeal filed by the state as urgent.
In directions issued to parties through an email, the court has directed them to file and serve their documents as they await the President of the Court of Appeal Justice Daniel Musinga to constitute a bench to hear the appeal.
Musinga was elected to head the appeals court on Monday.
“The Honorable President of the Court of Appeal shall constitute a bench to dispose of the application,” the directions state.
The Attorney General, the BBI Secretariat and all the other appellants have been directed to serve the respondents immediately.
“Applicants to file and serve written submissions and any other relevant documents within three days from today and the respondents to respond file and serve written submissions within three days thereafter,” the directions read.
The court has also directed that all the submissions by parties in the case should be limited to three pages only.
However, according to the communication in view of the urgency of the matter, the timelines for filing documents may be reviewed when a bench is constituted for the hearing date of this application.
At the same time, President Uhuru Kenyatta on Tuesday filed a notice of appeal saying he was dissatisfied with the high court judgement and intends to appeal it.
Through lawyer Waweru Gatonye, Kenyatta argues they are challenging the judgment because the judges proceeded to hear and determine the BBI case without ensuring that he had been personally served.
Gatonye says they are challenging the section of the judgement where the judges held that President Kenyatta did not enter appearance in the proceedings or filed any grounds of objections to contest the proceedings before the High Court.
By The Star