Attorney general Paul Kihara on Friday filed stay orders at the high court seeking to freeze the ruling that declared the BBI bill illegal and unconstitutional. However, today his office released a notice stating his intentions to withdraw the application and instead file it at a higher court. Lawyers had ruled out the possibility of the same bench that ruled on the matter, approving it again.
Senior counsel Ahmednasir Abdulahi had questioned attorney general's decision to seek stay orders from the high court and not the court of appeal. He stated that Kihara didn't see the matter as urgent. This raised questions among BBI proponents who felt that the government is not committed to the BBI initiative.
Until the court of appeal overturns the High court's 5-judge bench, any hopes of constitutional amendment through BBI is impossible. Time is also running up for the BBI proponents given that the general election is barely 15 months.
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