Attorney General Paul Kihara has moved to counter the decision by a 5-judge declaring the BBI bill null and void.
The AG is said to have been directly authorised to appeal against the judgement.
Kariuki filed a suit in court seeking an injunction against the implementation of the order.
By holding the implementation of the order, the AG would find an ample time to file an appeal against the ruling.
According to solicitor General Ken Ogeto, Kihara wants the court to clarify on its statement that the bill is not in public interest yet it garnered over 3 million signatures nationwide.
“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, ” AG office argued.
The court ruling made on May 13 declared the constitution amendment bill process null and void.
The bench stated that President Uhuru has no power to initiate a popular initiative, only parliament could do that.
He was accused of failing to uphold and safeguard the constitution and failing in his mandate.
This ruling has set division across political factions. As the politicians in DP Ruto’s camp celebrate the collapse of the bill, their opponents in Uhuru-Raila camps are crying foul.
Ruto could not hide his joy after the ruling, thanking God for answering the prayers of the Kenyan people.
He has advised the nation to move on from the BBI issues and shift focus to economic development.