President Uhuru Kenyatta, ODM party leader Raila Odinga, Attorney General Paul Kihara and the BBI Secretariat on Wednesday filed appeals against the BBI judgement that rendered the exercise null and void.
On May 17, AG Kihara through Solicitor General Kennedy Ogeto filed a notice of appeal at the High Court citing dissatisfaction in the decision made by the five-bench judge.
The AG claimed he will suffer prejudice if the stay orders are not granted.
“The 1st respondent will suffer prejudice as the applicants will proceed to execute the orders rendering the appeal nugatory and causing not only the 1st respondent but also the citizens of Kenya at large irreparable harm,” read court papers.
A day later, Kihara withdrew the application and instead noted that he would seek the same reliefs at the Court of Appeal.
During the 58th Madaraka Day fete held in Kisumu, the head of state faulted the Judiciary over a recent unfavorable ruling that stopped ‘BBI reggae’.
In his address, President Uhuru said the High Court did not consider the burden of choice while declaring the Building Bridges Initiative (BBI) process unconstitutional on May 13.
President Kenyatta said the court should have allowed Kenyans to exercise their will on the ballot (referendum).
“If the Court had considered the burden of choice the Judiciary would have asked its self various questions before dismissing the bill,” President Kenyatta said in a thinly veiled attack on the third arm of government.
He went on to cite the nullification of the August 2017 Presidential results a move that forced the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election days after declaring him (Uhuru) winner.
The President said through such orders, “the Judiciary has tested our constitutional limits”.
“Our constitution is not a yoke around our neck but a mighty sword in our hands to break chains that limit us,” he added.
“Judiciary should be guided by the rule of law, that way political stabilization will be easy to achieve.”