AG withdraws application for stay of BBI judgment opting for appeal court route » Capital News

NAIROBI, Kenya, May 18 — Attorney-General Kihara Kariuki on Tuesday withdrew an application he had filed at the Constitutional Court seeking to stay the Building Bridges Initiative (BBI) judgment which had nullified the process.

Kihara will instead seek a stay alongside a substantive appeal at the Court of Appeal.

“The Attorney General hereby withdraws his notice of motion Application dated 14th May as that he is desirious of invoking the concurrent jurisdiction of the Court of Appeal to seek similar reliefs,” the AG said in a statement dated May 18.

The AG withdrew the case moments after the five-judge Constitutional Court bench confirmed receipt of his stay application and set a date for the ruling on the application.

“The court notes that the application has been served electronically on all the parties and directs that all the parties file their response on 19 May. The applicants to file and serve their submissions before 20 May,” the bench had said of the AG’s application.

The court was expected to give a ruling based on the written material placed before it by email on May 26.

Justices Joel Ngugi, George Odunga, Jarius Ngaah, Chacha Mwita, and Teresiah Matheka were to decide if they will temporarily suspend the judgement they issued pending the hearing at the apex court.

Raila Odinga, a co-sponsor of the BBI process, through his lawyer Paul Mwangi had already filed an application at the Court of Appeal seeking to dismiss the ruling that halted the constitution review process.

In his withdrawn application, the AG said any move by the applicants to implement the judgement would render his intended appeal nugatory and cause him irreparable harm.

“Being dissatisfied with the decision of the five judge-bench consisting of Justice J.M Ngugi, Justice J.V Odunga, Justice Ngaah Jairus, Justice E.C Mwita and Lady Justice Mumbua T Matheka, intends to appeal to the Court of Appeal against the whole of the said decision,” he said.

Kihara was contesting the ruling by the five-judge bench in the Constitution and Human Right Court which also found President Uhuru Kenyatta to have violated the Constitution, particularly Chapter 6, when he initiated the process following his handshake with former Prime minister Raila Odinga.

In its ruling, the court declared the basic structure of the constitution could only be amended by invoking a four-phased process entailing, “civic education; public participation and collation of views; Constituent Assembly debate; and ultimately, a referendum.”

“A constitutional amendment can only be initiated by Parliament through a Parliamentary initiative under article 256 or through a Popular Initiative under Article 257 of the Constitution,” the bench ruled.