Attorney-General Kihara Kariuki Appeals BBI Judgement at the Supreme Court
Attorney-General Kihara Kariuki has challenged an Appeals Court decision that blocked attempts to amend the Constitution through the Building Bridges Initiative (BBI).
Kariuki wants the Supreme Court to overturn the August 20th, 2021 verdict that declared the BBI Constitutional (Amendment) Bill 2020 unconstitutional.
Through Solicitor General Ken Ogeto, the AG listed 10 grounds for the appeal including the judges’ decision on the basic structure doctrine, popular initiative, public participation, and creation of new constituencies.
He is also seeking to have the country’s apex court set aside the Court of Appeal declarations on presidential immunity, the quorum of IEBC in the verification of signatures supporting the Constitution Amendment Bill 2020, and the adequacy of legal infrastructure to support the voter verification exercise.
Kihara further wants the Supreme Court to review the appellate 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 case.
In August, a seven-judge bench of the Appeals Court upheld a high court decision that the President cannot initiate constitutional change through popular initiative because he does not fall under the category of the ‘general public’.
The second-highest court also ruled that President Kenyatta violated the Constitution by initiating the constitutional amendment.
The judges also issued a permanent injunction barring the electoral commission from conducting a referendum on the Constitution Amendment Bill 2020.
Comments (11)
Stop wasting taxpayers money it is already too late elections are next year.Again Kudos to the judiciary you cut Uhuru down to size now if the same narrative can get to the rest of his community.Kenya si ya mama Yao.
Umesema Kenya si ya mama yao; ni ya mama wenu ama?
It is the job of the attorney genera to tell the president that he cannot initiate a popular initiative.
The attorney general needs to replaced, he failed to do his job and he is misleading the government with this petition.
Solicitor general and attorney general should have given the president the correct legal counsel.
They are part of the people who should be blamed for not correctly advising the president and the GoK.
When you elect fools, led by fools...they choose foolish lawyers like Kihara as their legal advisers. You don't need legal minds to help you decode straight forward messages written in CBC's PP1 English. Instead wasting public funds to pursue their own ambitions, these fools should take these takataka to wananchi. BBI, for sure, was about these idiots salivating on free to all public coffers. Raila, Uhuru, Kalonzo, Mutavati, Joho, Gideon, Wetangula and others within the deep state had foreseen an option of accessing power without seeking wanjikus mandate. They were wrong then as they will be wrong again and again. Am sure there was every likelihood that Uhuru was to get a leadership cut, possibly a premier, if the takataka had gone through. All in all, BBI was about having the same monkeys running amok in the same Kinari forest, Mau forest and Aberdare forests. Kenyans today are not the same ones of yester-years. Continue dreaming!
@MjuAji, I couldn't have put it better."----BBI was about having the same monkeys running amok in the same Kinari forest---" AG Kihara should realize that he is the Attorney general of all the people of Kenya and not just Uhuru and his bully Raila who snatched away his presidency- and called it a handshake. Today, Raila is the president of Kenya in everything but name.
Kihara Kariuki, we understand that it your legal right to challenge, but stop kissing UHURUS and Railas a$$.
Stop wasting taxpayer money.
What will be your legacy??
ALL CORRUPTION AND TRIBAL CRAP
That negroes land will have revolution in near future
Kenya is not doing good as only few are keeping all
If the president of Kenya wasn’t Uhuru Kenyatta, such people as Kihara, the attorney general, should have been fired! Particularly for continuing misleading on BBI. One wonders how many other cases of similar outcomes that have gone through him. I hope the SC refuses to take up this nonstarter case to deal with more important pending cases.
With this despicable desperation, surely we know more that the project was not Wanjiku oriented but had hidden agendas.