Economist David Ndii and four others have asked Court of Appeal President to constitute a seven or up to 11 judge bench to hear the BBI case.
In a letter through LSK President Nelson Havi dated May 27, they argue that the case is complex and requires seven judges to adjudicate the matter.
Havi says his clients want Justice Daniel Musinga to constitute a seven to even 11 judge bench.
“The 1 to 5 respondents request that you constitute a bench of seven or 11 judges of the court appeal to hear the three intended appeals, ” the letter reads.
Havi has also asked the court to direct a case management for purposes of considering whether the appeals should be heard instead of the applications the request for an extraordinary bench is because the appeals raise substantial questions of law.
Havi says Justice Musinga has the power to constitute the extraordinary bench being requested for by the respondents.
Havi has further challenged the direction issued by court ordering parties to file three-page submissions
“The grounds upon which the intended appeals are premised are so extensive and vast that a consideration of their arguability cannot be effectively undertaken in three pages as directed in the directions from the court,” he argues .
He also wants the court to hear the matter physically not virtually.
“The complexity of the issues to be addressed at the hearing makes virtual hearings inappropriate for this matter,” the letter reads.
This comes a day after lawyer Elias Mutuma wrote to Musinga asking for a seven-judge bench to hear the Building Bridges Initiative case.
Mutuma said he was writing on behalf of Thirdway Alliance, Miruru Waweru and Angela Mwikali who were petitioners in the High Court case and are now respondents in the appeal case.
He requested Justice Musinga to consider having a seven-judge bench to hear the BBI appeal because of the complexity of the case.