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Friday, May 14, 2021 – Attorney General Paul Kihara Kariuki has countered the 5-judge bench that declared the Building Bridges Initiative as null and void yesterday.
Solicitor General Ken Ogeto stated that the AG has directly authorised to appeal against the ruling.
Kariuki filed a suit in court seeking an injunction against the implementation of the judgment made. The suspension would provide him with ample time to file for an appeal.
The former President of the Court of Appeal – through the Solicitor General – argued that he was displeased with the shock ruling made against BBI, especially after the judges declared that the bill illegal as it flouted several clauses of the Constitution.
He wants the Court of Appeal to clarify and interpret the meaning of ‘Public Interest’ as the bill garnered over 3 million signatures and was passed at County Assemblies, the Senate, and the National Assembly.
“It is in the public interest that pending the filing of the Appeal and to enable him to exercise his right of appeal, an interim stay of execution of the judgment be hereby stayed.
“It is critical to take judicial notice of the fact that the BBI process has been undertaken extensively, over 3 million signatures have been collected, to the critical constitutional processes such as consideration of the Bill by the county assemblies have been undertaken, the Amendment Bill has been passed by the majority members of the National Assembly and the Senate,” court documents presented by Ogeto read.
The Solicitor General added that the judgment made by Justices Teresia Matheka, Joel Ngugi, George Odunga, Jairus Ngaah, and Chacha Mwita had exposed legal loopholes and spelt wide-ranging consequences.
The bench indicted President Uhuru Kenyatta for contravening the Constitution, which he swore to protect.
The Kenyan DAILY POST