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Kenya: AG Kihara, IEBC Take BBI Battle to Supreme Court

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4 years ago

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Attorney-General Paul Kihara Kariuki and the electoral agency have moved to the Supreme Court to challenge the decision of the Court of Appeal on the Building Bridges Initiative (BBI).

This brings the number of appeals filed in relation to the BBI at the Supreme Court to three, setting the stage for another round of legal battle between the government and a citizen’s voluntary initiative group opposed to amendments of the 11-year-old Constitution.

Lawyer Morara Omoke filed his notice of appeal earlier in the week.

The Attorney-General is challenging eight findings of the Appellate court that overturned President Uhuru Kenyatta’s bid to amend the constitution.

On its part, the Independent Electoral and Boundaries Commission (IEBC) is fighting the findings related to its quorum and mandate.

In the notice lodged by G&A Advocates LLP, IEBC says it intends to challenge findings of the Court of Appeal on the constitutional composition of the commission, quorum and its mandate.

On his part, the Attorney-General is fighting the court’s finding that the Basic Structure doctrine is applicable in Kenya and that the doctrine limits the constitutional amendments power set out in Articles 255 to 257.

Mr Kariuki is also dissatisfied with the appellate court’s finding that the Basic Structure of the Constitution of Kenya can only be altered through the primary constituent power which must include four sequential processes.

The steps include civic education, public participation and collation of views, constituent assembly debate and ultimately a referendum.