Attorney-General Paul Kihara has filed an appeal against a High Court ruling that declared the entire Building Bridges Initiative (BBI) referendum process unconstitutional.
Through Solicitor-General Kennedy Ogeto, Kihara also filed an application seeking stay orders of the execution of the judgment pending the hearing and determination of the application and appeal.
He argues that he will suffer prejudice if the stay orders are not granted.
“No prejudice will be will be occasioned to the petitioners in the event this Honourable Court stays the implementation of the orders in the judgment issued on 13th May 2021,” he states.
Kihara further notes that any move by the applicants to implement the orders will render his intended appeal nugatory and cause him irreparable harm.
“Unless this application for stay of execution of orders is heard urgently, there is a real risk that the findings contained in this Honourable Court’s judgment of 13th May 2021 will be fully delivered occasioning great prejudice to the 1st respondent,” he adds.
The Constitution of Kenya (Amendment) Bill 2020 suffered a setback after a five-judge bench ruled that President Kenyatta overstretched his mandate when he initiated the popular initiative.
The judges averred that there are only two ways in which a constitutional amendment can be initiated; either by Parliamentary Initiative or by Popular Initiative.
“It is clear that the Constitution Amendment Bill is an initiative of the President. The President has no power under the Constitution, as President, to initiate changes to the Constitution under Article 256 of the Constitution since Parliament is the only State organ granted authority by or under the Constitution to consider and effect constitutional changes. The President, if he so desires, can, however, through the Office of the Attorney General, use the Parliamentary initiative to propose amendments to the Constitution.”
By the Kenya Attorney…
By the Kenya Attorney General Appealing the ruling of the five Judges, it means that the President may be in the process of using the Parliamentary initiative to propose amendments to the constitution. This is vital especially for the purposes of correcting the corruptive nature of distributing funds in Kenya which has been in existence for many years.
By the Kenya Attorney…
By the Kenya Attorney General Appealing the ruling of the five Judges, it means that the President may be in the process of using the Parliamentary initiative to propose amendments to the constitution. This is vital especially for the purposes of correcting the corruptive nature of distributing funds in Kenya which has been in existence for many years.
Kicks of dying horses. I…
Kicks of dying horses. I knew they would fight back. These dynasties think Kenya belongs to them. Uhuru, Raila, Kalonzo, Mutavati, Gideon, and other characters knows that the best way to protect whatever they stole from the public, is continue being relevant: continue holding key positions, being at the top and enjoying hefty perks. And they know they lead fools. Fools who will vote for them, die for them and buried for their sake. Will never be a voter agin, but will do anything in my powers to vote NO, thus putting the last nail in MBAYA BURE ISHINDWE.
Paul Kihara is a political…
Paul Kihara is a political appointee working for UHURU and the jubilee government.
REVOLUTION will be key to clean this house.
This attorney general never…
This attorney general never seems to know the law except always speaking with a funky white man’s English. He has committed several bladders in the course of his time.
In Kenya, God’s law is on…
In Kenya, God’s law is on the horizon. Kenya is God’s country!! Ee mungu nguvu yetu. God’s law verses man’s law. Man’s law has been running our country since independence. God’s law is about to govern it.
Those who will stand to stop God’s law from taking hold will be crushed by it; those who seat on the sidelines, it will be a spectacular scene to watch.
What side are you on?
Dynasties feel so entitled…
Dynasties feel so entitled ignoring court rulings and breaking the law and constitution at will and expect zero consequences. Let the judges help the poor.
Why rush to appeal? And on…
Why rush to appeal? And on what grounds.There should be a one year waiting period for appeal No rush this is not a life threatening issue. This shows that you want to will at all costs…and you cannot accept a NO,or failure.Please consider the other party of Kenyans want to win as well,and they did.
You need to shut your mouth…
You need to shut your mouth kenya is not yours you disregard the law. Mafi ya kuku tu .You only think of how to fill your stomachs as we the citizens live in misery. No political dynasties anymore likes of kenyatta , raila , Ruth .You shall go like moi went. Kenya ni yetu