IEBC set to appeal court decision on BBI
The Independent Electoral and Boundaries Commission (IEBC) has filed a notice of appeal against the decision by the Appellate court that declared the Building Bridges Imitative bill (BBI) null and void.
IEBC says it will also appeal the court's decision on the constitutional composition, quorum and mandate of the IEBC.
“TAKE NOTICE that the IEBC, the Appellant being dissatisfied with the decision of the Court of Appeal given on the 20th day of August 2021 by Honourable Justices D. Musinga; R. Nambuye; H. Okwengu, P. Kiage, G. Kairu, F. Sichale and F. Tuiyot intends to appeal to the Supreme Court against such parts of the decision in relation to the findings by the Honorable Court touching on or relating to the constitutional composition, quorum and mandate of the IEBC,” part of the court documents tabled by IEBC read in part.
Joining IEBC in appealing the Appellate court's decision is the Attorney General Kihara Kariuki whose appeal is on eight grounds among them the courts finding that the basic structure doctrine is applicable in Kenya.
The AG will also be challenging the courts decision that civil proceedings can be instituted against the President or an official performing the functions of the office of the President during their tenure of office in respect of anything done or not done contrary to the Constitution of Kenya 2010.
The appeal will also challenge the courts decision that the President does not have the authority under the constitution to initiate changes to the Constitution and that a constitutional amendment can only be initiated by Parliament through a Parliamentary initiative under Article 256 of through a popular initiative in Article 257 of the Constitution.
The AG is also dissatisfied with the ruling that the BBI process contravened Article 10 of the constitution.
Also up for challenge is the declaration that the constitutional amendment process was unconstitutional and a usurpation of the People's exercise of sovereign power.
