AG moves to Supreme Court to challenge ruling that stopped BBI reggae

AG moves to Supreme Court to challenge ruling that stopped BBI reggae

  • The Attorney General wants the Supreme Court to set aside the August 20th verdict, and has listed ten thematic areas as grounds for appeal.
  • They include the judges’ decision on the basic structure doctrine, popular initiative, public participation and creation of new constituencies.

Attorney General Pail Kihara Kariuki has moved to the Supreme Court seeking to overturn the Court of Appeal judgment that stopped the bid to amend the Constituion through the Building Bridges Initiave (BBI).

In documents filed in court by Solicitor General Ken Ogeto, the Attorney General wants the country’s apex court to set aside the August 20th verdict, and has listed ten thematic areas as grounds for appeal. They include the judges’ decision on the basic structure doctrine, popular initiative, public participation and creation of new constituencies.

The Attorney General also wants the 7-judge bench headed by Chief Justice Martha Koome to review the Court of Appeal judgment on the questions of presidential immunity, quorum of IEBC in verification of signatures supporting the Constitution Amendment Bill 2020 and the adquacy of a legal infrastructure to support the voter verification exercise.

The AG also wants the Supreme Court to reconsider the Appelate judges verdict on the issue of single or multiple referendum questions, how voter registration relates to holding of a referendum and who ought to have been enjoined as friends of the court in the BBI bill matter.

In the August judgement, the Court of Appeal ruled that the President cannot initiate Constitutional change through popular initiative because he does not fall under category of the ‘general public’.

The appellate court also ruled that President Uhuru Kenyatta violated the Constitution by initiating the constitutional amendment.

The court also issued a permanent injunction, barring the IEBC from conducting a referendum on the Constitution Amendment Bill 2020 (BBI).