AG files appeal at Supreme Court challenging nullification of BBI

Attorney-General Kihara Kariuki has filed a notice of appeal at the Supreme Court to challenge the decision by the Appellate court that upheld the nullification of the Building Bridges Initiative.

A notice of the appeal shared by the Judiciary shows that the AG is, in particular, seeking to challenge the finding by a majority of the seven-judge bench that the basic structure doctrine is applicable in Kenya.

Further, that the basic structure of the Constitution can only be altered through the primary constituent power, which must include four sequential processes namely civic education, public participation, and collation of views, constituent assembly debate, and ultimately a referendum.

His appeal is also against the ruling that civil proceedings can be instituted against the president during the tenure of office, and that the president does not have authority to initiate changes to the Constitution, among others.

  

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