Attorney General Paul Kihara on Tuesday, May 18, 2021 withdrew a petition he had filed at the High Court over the recent Building Bridges Initiative (BBI) ruling.
Kihara had on Friday, May 14, 2021 filed an orders at the High Court seeking to freeze the ruling declaring the BBI amendment bill null and void.
Senior Counsel Ahmednasir Abdullahi has expressed his surprise over the AG Kihara’s new move involving the BBI Bill’s case.
“Very interesting that the Attorney General seeks stay of the BBI judgment in the High Court and NOT the Court of Appeal…that sends a potent and powerful message that AG doesn’t see the matter as one of extreme urgency,” Ahmednasir Abdullahi stated.
In the notice dated Tuesday, May 18, 2021 the Attorney General explained that he was looking to file the petition at the Court of Appeal.
“Take notice that the Hon Attorney General hereby withdraws his notice of motion application dated May 14, 2021 as he is desirous of invoking the concurrent jurisdiction of the Court of Appeal to seek similar reliefs,” the notice read in part.
However, a prominent lawyer explained that the Kihara opted to withdraw the stay orders application and file it at the Court of Appeal since it would be challenging for him to get an approval from the same bench that ruled on the matter.
“Once a court decides on a matter, it becomes Functus officio, it cannot do anything about it. What AG wanted was to return to the same bench to get a stay.
“That can also be done by the Court of appeal. When you appeal your case, you also pray for a stay. That is to prevent orders from the lower from taking effect until the appeal is heard and determined. The challenge with the High Court is that once it has decided, it becomes a functus officio,” The lawyer stated.