Attorney General Paul Kihara Kariuki has moved to the Supreme Court to challenge the Court of Appeal judgment that declared the Building Bridges Initiative (BBI) bill unconstitutional.
In his notice to appeal the verdict delivered on August 20, filed on Thursday, September 2, through the Solicitor General Kennedy Ogeto, the Attorney General listed eight grounds for appeal.
The AG says he is dissatisfied with the decision of the appellate court’s finding that the Basic Structure of the Constitution of Kenya can only be altered through the primary constituent power which must include four sequential processes.
“Take notice that the Attorney General being dissatisfied with the decision of the Court of Appeal given at Nairobi on August 20 intends to appeal to the Supreme Court against such part of the said decision that upheld the findings of the High Court,” reads court documents.
Attorney General is opposed to the finding by the majority of the seven-judge bench which held that the basic structure doctrine is applicable in Kenya, stating that the doctrine limits the power of the constitutional amendments set out in Articles 255 to 257.
The AG also expressed dissatisfaction with the finding that the President can be sued if he does anything contrary to the Constitution, as well as the verdict that the President cannot initiate changes to the constitution.
This brings the number of appeals filed in relation to the BBI at the Supreme Court to three, setting the stage for another round of legal battle between the government and a citizen’s voluntary initiative group opposed to amendments of the Constitution of Kenya 2010.
Earlier his week, Lawyer Morara Omoke filed his notice of appeal at the Supreme Court.
On its part, the Independent Electoral and Boundaries Commission (IEBC) is fighting the findings related to its quorum and mandate.
In a notice of appeal to the Supreme Court dated Thursday, September 2, the commission says it intends to challenge findings of the Court of Appeal on the constitutional composition of the commission, quorum, and its mandate.
This is despite the fact that proponets of the bill that sought to review the Constitution of Kenya 2010 led by ODM leader Raila Odinga had said they will not challenge the High court and Court of Appeal verdict that declared BBI illegal, null and void.