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Uganda: Uhuru Files Notice of Appeal Against High Court Judgment On BBI

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5 years ago

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Kenya’s President, Uhuru Kenyatta, has launched his personal fight in court for the Building Bridges Initiative (BBI).

Through lawyer Waweru Gatonye, President Kenyatta has filed a notice of appeal against the High Court judgment that declared the BBI illegal, null and unconstitutional.

In the court papers, the president says, being an affected party named as the first Respondent in one of the eight petitions and being dissatisfied with the judgment delivered on May 13, 2021, he intends to appeal to the Court of Appeal against part of the judgment.

President Kenyatta has raised nine points in his notice of appeal, faulting the judgment delivered by a five-judge bench led by Prof Justice Jiel Ngugi.

The president is against High Court declaration that he can be sued in his personal capacity and not as the President of the Republic of Kenya.

Although he had been named as a respondent, President Kenyatta did not enter appearance in the proceedings and neither did he file any grounds of objection or a replying affidavit to contest the proceedings on the ground of misjoinder.

The court held that the Head of State ought to have responded to the petition either himself or by his duly appointed representatives and contest his inclusion in the petition on any grounds that would be available to him and not through the Attorney General.

Constitutional amendment

“The judges proceeded to hear and determine a matter against H.E. Uhuru Muigai Kenyatta without ensuring that personal service had been effected upon him,” reads the document.