The Attorney-General Paul Kihara has withdrawn an application to the High Court to suspend its annulment of the BBI process.
In a letter dated May 18 to the Deputy Registrar, the AG said he will instead seek the same reliefs at the Court of Appeal.
Earlier, a five judge bench certified as urgent an application by the AG that sough to have the judgement on Building Bridges Initiative (BBI) stayed pending appeal.
The bench directed that applicants serve their written submissions by close of business this Thursday with the other parties directed to file and serve their submissions by the end of Friday.
“The court will give a ruling based on the written materials placed before it by email on Wednesday, May 26,” the court ruled.
The AG, through Solicitor General Kennedy Ogeto, argued that if the orders are not granted they will suffer prejudice.
Ogeto said that due to public interest in the case, the court should suspend implementation of the orders.
A five judge bench on Thursday noted that the head of state erred in attempting to change the Constitution through a popular initiative, an avenue available only to ordinary Kenyans.
“A declaration is hereby made that the entire BBI process culminating with the launch of the Constitution of Kenya Amendment Bill, 2020 was done unconstitutionally and in the usurpation of the People’s exercise of Sovereign Power,” the Thursday evening judgement reads in part.