The Attorney General Paul Kihara Kariuki has moved to challenge the ruling of the 5-judge bench that declared the Building Bridges Initiative (BBI) Bill as null and void.
The Attorney General has filed a suit in court seeking an injunction against the implementation of the judgement made. The suspension would provide him with ample time to file for an appeal.
Through the Solicitor General Ken Ogeto, AG Kihara argued that he was shocked with the ruling made against BBI the High Court judges by declaring the bill illegal.
In his statement, the AG 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 ruling made by Justices Teresia Matheka, Joel Ngugi, George Odunga, Jairus Ngaah, and Chacha Mwita had exposed legal loopholes and spelt wide-ranging consequences.
This came after the High Court judges had accused President Uhuru Kenyatta of failing to respect, uphold and safeguard the Constitution and to that extent, falling short of the leadership and integrity threshold set in the Constitution.
According to the judges, Uhuru and not a regular citizen was the initiator of the bill and this contravened the laws as the President does not have a Constitutional mandate to initiate amendments through a popular initiative.