The office of the Attorney General (AG) will appeal High Court’s ruling that declared the Building Bridges Initiative (BBI) process as unconstitutional, null and void.
A five-judge bench had on Thursday, May 13 dealt a severe blow to the BBI process, effectively ending it.
Among other issues, justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita ruled that President Uhuru Kenyatta had breached the Constitution by initiating a constitutional amendment through popular initiative.
“It is our finding that popular initiative is power reserved for Wanjiku [the people] neither the president or any other state organ can utilise Article 257 to amend the Constitution,” the judges ruled.
But in a document dated May 14, Solicitor General Kennedy Ogeto says the AG’s office was dissatisfied with the court’s judgement.
“Unless this Application for stay of execution of the order is heard urgently, there is a real risk,” read part of the document.
In the document, the office says that it will be appealing the ruling because the BBI matter is of immense public interest.