Kenyans have woken up to a new twist in the BBI proceedings after the Attorney General Kihara Kariuki announced on 18th May that he has withdrawn a petition he had filed at the High Court over the recent Building Bridges Initiative ruling. Kihara had on Friday last week filed a petition seeking to freeze the ruling declaring the BBI unconstitutional and illegal.
The move has drawn suspicion among Kenyans and other interested groups since such appellate request need to be filed at a higher Court, in that case the Court of Appeal.
Senior Counsel Ahmednasir Abdullahi commenting on the matter has observed," Very interesting that the Attorney General seeks to stay of the BBI judgement in the High Court and not the Court of Appeal. That sends a potent message that the AG does not see the matter as that of extreme urgency."
Speaking to kenyans.co.ke, a lawyer has explained the AG has opted to withdraw the stay orders application and file it in the Court of Appeal since it would be challenging for him to get an approval from the same bench that ruled on the matter. Kihara, through the Solicitor General Kennedy Ogeto, filed the stay orders at the Court of Appeal that has been certified urgent by the judges.
In the application before the bench led by justice Mumbi Ngugi, the AG has argued that if the stay orders are not granted, they will suffer prejudice.
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