President Kenyatta is set to challenge a High Court ruling that declared the entire Building Bridges Initiative (BBI) referendum process unconstitutional.
Through his lawyer Waweru Gatonye, Kenyatta has filed a notice of appeal against the judgment delivered by a five-judge bench on May 13th.
The president faulted the judges for hearing and determining a matter against him without ensuring that he had been served in person by his accusers.
Kenyatta is appealing against the High Court’s declaration that he contravened Chapter 6 of the Constitution by initiating a popular initiative.
“The learned judges held and issued a declaration that the President does not have authority under the Constitution to initiate changes to the Constitution and that a constitutional amendment can only be initiated by the President through the Honourable Attorney General in Parliament through a Parliamentary initiative under Article 256 of the Constitution,” reads court documents.
He also questioned the judges’ pronouncement that the president can be sued in his personal capacity and not as the head of state.
In their ruling, Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka, and Chacha Mwita also declared that the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted as it lacked the requisite quorum of five commissioners to make any major policy decision.
“There is no quorum at IEBC to conduct its mandate including signature verification submitted by IEBC. All the decision IEBC made regarding the constitutional amendment Bill is illegal because it lacks the quorum required,” the judges noted.
The judges further held that the BBI steering committee was unlawful and had no legal capacity to promote constitutional changes.
“An injunction is hereby issued barring IEBC from undertaking any processes with regards to the amendment of the constitution,” the judges ruled.
President Uhuru is an…
President Uhuru is an alcoholic. Simple but true. Look at his stomach. He’s just stealing funds akiwa amejificha. But truth be told. He’s a heavy alcoholic.
Weight loss is a precursor…
Weight loss is a precursor for so many ailments. When someone isn’t attending some dictators inaugural’s all over in Africa I think it’s best to stay focused on issues relevant to their health. We are used to nonsense and toothless barking., Mara reparian Mara commissions on Kemsa Mara he will not defend anyone accused of corruption yet its comes knocking on their door steps Mara can’t work with his deputy Mara PR pictures on developments Mara handshake is what’s best for Kenyans yet we are all peaceful what useless efforts are left besides retire and leave a legacy of being the most useless president with most corrupt administration
Everything those five idiot…
Everything those five idiot judges said was personal against Uhuru! If these fools had their way, Kenya would be in hell right now.
We are very sick and tired of this judiciary which has a deep Maraga hungover! They all need to be fired!
The judiciary is the most…
The judiciary is the most corrupt of all the branches of government! It is hard to spect any legal decision they make because the judges are mostly biased! They get bribed, rule in favor of their drinking buddies and they all intend to sell Kenya to the neighboring enemies! Someone has to stand up to these corrupt idiots!
Accept defeat. Those are the…
Accept defeat. Those are the courts. BBI is a waste of money
He’s an illegitimate…
He’s an illegitimate president.
That’s what he should say.
This sentence right here had…
This sentence right here had me in stitiches “president faulted the judges for hearing and determining a matter against him without ensuring that he had been served in person by his accusers.”
Is this guy now smoking bhang or what? So we should all forget the BBI process, IEBC and pres pulled a totally unconstitutional attempt to change things for the nation, just because he was not personally served??!! So I can go and rob all the gatundu’s real estate in coast and claim I was not personally served when dragged to court as my defence? This is so embarassing trying to use the law to his favor, yet ignoring his unlawful actions against wananchi. Total Clown move.