Battle Lines Drawn as Attorney General Kihara Kariuki Files Strongly-Worded Notice of Appeal, Makes 2 Important Requests

Battle Lines Drawn as Attorney General Kihara Kariuki Files Strongly-Worded Notice of Appeal, Makes 2 Important Requests

Attorney General Kihara Kariuki has filed a strongly-worded appeal against the decision made by a five-judge bench which declared BBI process illegal with two important requests.


KBC reports that top on the AG’s agenda and among the key requests in his submission is stay orders in the appeal that also communicates his dissatisfaction with the ruling.

“I the 1st respondent, being dissatisfied with the decision of the five judge-bench consisting of Justice J.M Ngugi, Justice J.V Odunga, Justice Ngaah Jairus, Justice E.C Mwita and Lady Justice Mumbua T Matheka, intends to appeal to the Court of Appeal against the whole of the said decision,” He said.

He also wants the execution of the judgement pending the hearing and determination of the application as well as the hearing and determination of the appeal.

“No prejudice will be will be occasioned to the petitioners in the event this Honourable Court stays the implementation of the orders in the judgement issued on 13th May 2021,” He argues.

5-Judge bench that declared BBI illegal
5-Judge bench that declared BBI illegal


Kihara argues that implementing the judgement as was delivered render his intended appeal nugatory and cause him irreparable harm.

“Unless this application for stay of execution of orders is heard urgently, there is a real risk that the findings contained in this Honourable Court’s judgement of 13th May 2021 will be fully delivered occasioning great prejudice to the 1st respondent,” argued the AG.


The judges dealt the BBI a big blow when the five-judge bench declared it illegal.


“It is therefore clear from our constitutional scheme that there are two ways in which a constitutional amendment can be initiated, either by Parliamentary Initiative or by Popular Initiative,” ruled the judges.


“It is clear that the Constitution Amendment Bill is an initiative of the President. The President has no power under the Constitution, as President, to initiate changes to the Constitution under Article 256 of the Constitution since Parliament is the only State organ granted authority by or under the Constitution to consider and effect constitutional changes. The President, if he so desires, can however, through the Office of the Attorney General, use the Parliamentary initiative to propose amendments to the Constitution.” Added the ruling.

Peter Odero

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