Uhuru, Raila file formal appeal against High Court ruling on BBI
President Uhuru Kenyatta, ODM leader Raila Odinga and the BBI secretariat have filed a formal appeal against a High Court ruling that declared the BBI unconstitutional.
Sources informed People Daily that the President's appeal was served on Tuesday afternoon, a time when the Madaraka Day celebrations were underway.
President Uhuru has filed 17 grounds of appeal against the High Court ruling that incriminated him for his involvement in the Constitutional Amendment Bill, 2020.
On some of the grounds, the President argues that the learned judges erred in making a decision adversely affecting him yet he was not a party at the proceedings.
The Head of State also appealed against the ruling that found him guilty of contravening chapter 6 of the Constitution by initiating and promoting a constitutional amendment process under article 257.
Besides, Uhuru at the same time appealed against the findings by the judges that the President of the Republic of Kenya can be sued in a civil court.
Raila and the BBI secretariat in their submission, among other issues, argued that the High Court judges erred in their finding that the basic structure in eternity clauses and un-amendability doctrines are applicable under the Constitution of Kenya 2010
They argued that the learned judges misapprehended article 257 of the Constitution of Kenya in imposing on the promoters an obligation to conduct a nationwide public participation exercise before the collection of signatures in support of the constitutional amendment initiative
Raila and the BBI secretariat also said, in their appeal, that the judges erred in fact their findings that Constitutional Bill 2020 was promoted by the President.
The filing of the appeal came a day before the case management conference that was scheduled for Wednesday.
This is after the BBI proponent filed applications for stay orders seeking stoppage of implementation of the High Court ruling that nullified the BBI.
A three-judge bench will on Wednesday give parties directions on how the case will proceed.
