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BBI battle moves to the Appeal court

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[President Uhuru Kenyatta (right) with ODM Leader Raila Odinga. Photo/courtesy].

The Attorney General (AG) has filed an appeal against the Thursday hard-hit ruling against the Constitution Amendment Bill 2020, famously referred to as Building Bridges Initiative (BBI).

In his appeal, the AG through State council Kennedy Ogeto said he will seek interpretation into Thursday’s ruling that declared the BBI unconstitutional.

The 5-judge bench declared the whole process null and void and that President Uhuru Kenyatta cannot initiate any Constitutional amendment process.

“Only Kenyans or the Parliament can initiate such a Constitutional amendment process but not the President,” Justice Joel Odunga told the High court.

However, BBI Co-chair Junet Mohammed and Dennis Waweru termed the verdict as shallow and inconsequential to the Constitution of Kenya Amendment Bill 2020.

“The high court decision is simple a judicial activism that cannot stand in the way of a constitutional amendment,” said Mohammed.

The high court further indicated that the Independent Electoral and Boundaries Commission (IEBC) did not have the quorum to verify signatures supporting a popular initiative or conduct a referendum.

Kenyans fully backed the ruling with a section holding a peaceful procession showing solidarity with the High court decision.

The BBI has received strong criticism from Kenyans countrywide saying it will overburden them in terms of higher taxes.

On Thursday last week, Five judge bench comprising of Justice Joel Ngugi, Jairus Ngaah, Teresia Matheka, Chacha Mwita, and George Odunga hit President Uhuru Kenyatta hard by stopping ‘Reggae’ (BBI) terming it as unconstitutional.

Meanwhile, Lawyer Miguna Miguna has said the Constitutional court ruling cannot be challenged in a Court of Appeal.

The Constitutional court that comprised of five judges empaneled by the Chief Justice ruling cannot be overturned by a three-judge bench Court of Appeal panel.

“A Constitutional Court judgment is not a High Court ruling, thus it cannot be challenged whatsoever,” said The controversial lawyer.