AG Kihara files appeal against BBI ruling citing dissatisfaction

The Attorney General Paul Kihara has filed an appeal on the judgement on the BBI bill delivered on 13th May.

“I the 1st respondent, 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.

The AG has also filed an application for stay orders against the execution of the judgement pending the hearing and determination of the application as well as the hearing and determination of the appeal.

“No prejudice will be will be occasioned to the petitioners in the event this Honourable Court stays the implementation of the orders in the judgement issued on 13th May 2021,” He argues.

Kihara says any move by the applicants to implement the judgement will render his intended appeal nugatory and cause him irreparable harm.

“Unless this application for stay of execution of orders is heard urgently, there is a real risk that the findings contained in this Honourable Court’s judgement of 13th May 2021 will be fully delivered occasioning great prejudice to the 1st respondent,” He argues.

The Building Bridges Initiative suffered a major setback after the High Court declared the Constitution of Kenya Amendment Bill 2020 unconstitutional.

The Judges argued that the President overstretched his mandate when he proposed amendments to the constitution.

“It is therefore clear from our constitutional scheme that there are two ways in which a constitutional amendment can be initiated, either by Parliamentary Initiative or by Popular Initiative,” They ruled.

The Judges further said an amendment of the Constitution through Popular Initiative cannot be undertaken by the Government.

“It is clear that the Constitution Amendment Bill is an initiative of the President. The President has no power under the Constitution, as President, to initiate changes to the Constitution under Article 256 of the Constitution since Parliament is the only State organ granted authority by or under the Constitution to consider and effect constitutional changes. The President, if he so desires, can however, through the Office of the Attorney General, use the Parliamentary initiative to propose amendments to the Constitution.”

  

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