Attorney General files petition against High Court's landmark ruling declaring BBI unconstitutional

Attorney General files petition against High Court's landmark ruling on BBI

Dorothy Michieka

May 16, 2021 1:15 PM

AG Paul Kihara Kariuki says he was dissatisfied with the judgement

BBI graphic provided by the BBI Secretariat (Twitter)

The Attorney General has filed a notice of appeal against the High Court ruling that declared the Building Bridges Initiative (BBI) Bill unconstitutional.

AG Paul Kihara Kariuki also filed an application seeking stay orders of the execution of the appeal saying he was dissatisfied with the judgement.

A stay order is a court ruling that seeks to uphold what the appeal was trying to overturn; meaning it stays as is.

The AG also said that they will not go beyond the law and will respect the Court of Appeal’s decision should they decide to uphold the High Court’s ruling.

Based on court papers filed by the Solicitor General, Kennedy Ogeto, the application says that due to the public interest, it is in the interest of justice for the Court of Appeal to stay the implementation of the orders pending hearing and determination of the case.

“…the 1st respondent will suffer prejudice as the applicants will proceed to execute the orders rendering the appeal nugatory and causing not only the 1st respondent but also the citizens of Kenya at large irreparable harm,” read court papers.

On Friday, the BBI Secretariat, led by Suna East MP Junet Mohammed and Former Dagoretti MP Dennis Waweru, said that they were appealing High Court’s ruling come Monday, 17th May 2021.

OM Party leader Raila Odinga also came out saying that they are currently filing an appeal.