AG Paul Kihara moves to apex court to appeal over the BBI ruling

Attorney General Paul Kihara Kariuki has moved to the Supreme Court to challenge the Court of Appeal’s ruling on the Building Bridges Initiative (BBI) Bill.

According to the notice of appeal over the BBI case that was submitted to the court on Friday, September 3, 2021, the Attorney General is seeking to have the supreme court address eight issues that made the Court of Appeal to declare the proposed Constitution amendment bill.

In his list of eight contentious issues that the Court of Appeal ruled over is the court’s declaration that the Basic Structure doctrine is applicable in Kenya and that the doctrine limits the power of the constitutional amendments set out in Articles 255 to 257.

Kariuki has dismissed the court’s findings which declared that Basic Structure of the Constitution of Kenya can only be altered through the primary constituent power.

The Attorney General has further expressed his dissatisfaction with the Court of Appeal decision that the President can be sued during his tenure in office in respect of anything done or not done contrary to the Constitution.

He is against the decision by the appellate court, which declared that the President does not have authority to initiate changes to the Constitution and that the constitutional amendment can only be initiated through a Parliamentary means under article 256 or through a popular initiative under Article 257 of the Constitution.

AG is further challenging the declaration that the BBI process contravened the Constitution in particular, Article 10.

Kariuki is disputing the finding that the second schedule of the Constitution of Kenya Amendment Bill, 2020, was unconstitutional is so far it purported to predetermine the allocation of the proposed 70 new constituencies.

He also faults and is attempting to overturn the court’s decision to direct the Independent Electoral and Boundaries Commission on its functions of constituency delimitation.

The final contentious issues presented by the Attorney General is his dissatisfaction with the appellate court’s ruling that the constitutional amendment process was unconstitutional and usurpation of the People’s exercise of sovereign power.

The appeal by the AG opens another chapter for the next legal battle in a bid to save Building Bridges Initiative (BBI) despite two defeats both in the High Court and the Court of Appeal.

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    Written by Kennedy Omondi

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