The Attorney General has asked the High court to suspend its decision that stopped the process to change the constitution through the Building Bridges Initiative.
In a fresh application, Kennedy Ogeto the Solicitor General says they have already filed a notice of appeal at the Appellate court and at the same time seeking to have the Constitutional and Human Rights Division at the High Court suspend implementation of the orders it issued on Thursday last week.
Ogeto says due to public interest in the case, it is in the interest of justice that the court suspends implementation of the orders. The application will be heard today.
A five Judge bench last week stopped declared the Building Bridges Initiative (BBI) illegal, null and void.
The bench issued a permanent injunction restraining the Independent Electoral and Boundaries Commission from conducting the referendum.
President Uhuru Kenyatta was also faulted for acting in excess of his powers when he initiated the process of amending the constitution.
The bench led by justice Joel Ngugi said Uhuru made a fatal legal mistake in attempting to change the constitution through a popular initiative, an avenue that is not available to him.
But the Attorney general says he is dissatisfied with the entire decision of the court and wants implementation of the judgement suspended pending determination of his appeal at the appellate court.
He says no prejudice will be occasioned to the David Ndii and the other petitioners in the event the court suspends implementation of the five-judge bench decision.
“To the contrary, we will be the ones to suffer prejudice as the applicants will proceed to execute the orders rendering the intended appeal nugatory and causing not only the AG but also the citizens of Kenya at large irreparable harm,”
The decision of the court came a week after lawmakers passed the BBI Bill with an overwhelming vote in support of the amendments.
At least 320 members participated in the vote at the second stage where 235 supported the Bill, 83 voted against it and two abstained.
The judgement arose out of seven cases filed against the BBI Bill.
By The Star Kenya