Strategy change forces AG to withdraw BBI appeal from High Court

New tactics

Attorney General Paul Kihara durign a past event (Twitter)

Attorney General Paul Kihara has withdrawn his application to the high court to suspend the nullification of Building Bridges Initiative Constitution Amendment Bill 2020.

According to court documents seen by Pulse Live on Tuesday, May 18, AG Kihara intends to file his application at the Court of Appeal.

"Take notice that the Attorney - General hereby withdraws his Notice of Motion Application dated 14th May , 2021 as the he is desirous of invoking the concurrent jurisdiction of the Court of Appeal to seek similar reliefs," the document reads.

The Attorney General had petitioned the High Court to suspend the decision which halted the process of amending the Constitution through the Building Bridges Initiative.

He argued that if the Court of Appeal decides to put suspend the five judges' decision, David Ndii and other petitioners will not suffer any harm.

“To the contrary, we will be the ones to suffer prejudice as the applicants will proceed to execute the orders rendering the intended appeal nugatory and causing not only the AG but also the citizens of Kenya at large irreparable harm.”

The IEBC was restrained from conducting a referendum on the BBI Bill which had passed all staged including approval by Parliament.

In its ruling the bench criticized the electoral body for overseeing the process without the necessary quorum.

President Uhuru Kenyatta was also faulted for initiating a constitutional referendum by popular initiative despite being the head of state.

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