Attorney General joins Raila, BBI committee in appealing High Court decision
Attorney General Kihara Kariuki has moved to court seeking to squash the decision by the High Court which stopped the constitution amendment through the Building Bridges Initiative (BBI).
Through Solicitor General Kennedy Ogeto, the State will on Monday, May 17 join ODM party leader Raila Odinga, a key proponent of the change the constitution clamor and the 14-member BBI steering committee in appealing the High Court's judgment which declared BBI unconstitutional.
According to Ogeto, they have filed a notice of appeal at the appellate court and are seeking a an order to have the Constitutional and Human Rights Division at the High Court suspend its Thursday, May 13 decision until the appeal is heard and determined.
In his notice to appeal, Ogeto stated that the government was seriously dissatisfied with the orders issued and which the State deemed as scathing to the president.
The five-judge bench presided over by Justice Joel Ngugi and comprising of justices George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita ruled in favor of eight petitioners who sought to bar the bill from proceeding to a referendum.
The judges ruled that since the president is not a Member of Parliament he/she cannot initiate a constitutional amendment unless with the help/direction of the Attorney General.
They further revealed that neither the president nor a state organ can initiate a constitutional amendment through a popular initiative.
"BBI is a hybrid initiative unknown to the constitution, therefore it is our finding that the popular initiative as means to amend the constitution under article 257 of the constitution is a power reserved for Wanjiku. Neither the president nor any state organ can utilize article 257 of the constitution to amend the constitution,” the judges said.
The Solicitor General adds that David Ndii, the Kenya National Union of Nurses and other petitioners will not suffer prejudice should the appellate court overturn the decision by the five judges.
"We will be the ones to suffer prejudice as the applicants will proceed to execute the orders rendering the intended appeal nugatory and causing not only the AG bust also the citizens of Kenya at large irreparable harm."
