RULING
1. Upon perusing the notice of motion application dated 12th October 2021 by the Applicant, Party of National Unity (PNU), and the supporting affidavit sworn and filed on even date, by David Nganga Kamau, seeking to be enjoined in these proceedings as an Interested Party; and
2. Noting that the applicant’s filed submissions pleading that it brings a fresh perspective to the appeal adopting a different view from the Court of Appeal’s finding, that the basic structure can only be amended through the primary constituent power which must include four sequential processes namely civic education; public participation; collation of views; constituent assembly debate; and a referendum. In this regard, the applicant submits that the alterations to the Constitution’s basic structure must be subjected to a ‘‘two-step inquiry’’ that incorporates tiers of the constitutional scrutiny; and that under this test, the court should first ask whether the proposed amendment implicates the basic stru…