President Uhuru Files Notice of Appeal Against High Court’s Ruling on BBI

President Kenyatta is set to challenge a High Court ruling that declared the entire Building Bridges Initiative (BBI) referendum process unconstitutional. 

Through his lawyer Waweru Gatonye, Kenyatta has filed a notice of appeal against the judgment delivered by a five-judge bench on May 13th.

The president faulted the judges for hearing and determining a matter against him without ensuring that he had been served in person by his accusers.

Kenyatta is appealing against the High Court’s declaration that he contravened Chapter 6 of the Constitution by initiating a popular initiative.

“The learned judges held and issued a declaration that the President does not have authority under the Constitution to initiate changes to the Constitution and that a constitutional amendment can only be initiated by the President through the Honourable Attorney General in Parliament through a Parliamentary initiative under Article 256 of the Constitution,” reads court documents.

He also questioned the judges’ pronouncement that the president can be sued in his personal capacity and not as the head of state.

In their ruling, Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka, and Chacha Mwita also declared that the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted as it lacked the requisite quorum of five commissioners to make any major policy decision.

“There is no quorum at IEBC to conduct its mandate including signature verification submitted by IEBC. All the decision IEBC made regarding the constitutional amendment Bill is illegal because it lacks the quorum required,” the judges noted. 

The judges further held that the BBI steering committee was unlawful and had no legal capacity to promote constitutional changes.

“An injunction is hereby issued barring IEBC from undertaking any processes with regards to the amendment of the constitution,” the judges ruled.