Mixed Reactions as Attorney General Withdraws BBI Appeal Request

There was uncertainty after AG Paul Kihara on Tuesday, May 18th, withdrew a petition he had filed at the High Court over the recent Building Bridges Initiative (BBI) ruling.

Mixed Reactions as Attorney General Withdraws BBI Appeal Request

The Attorney General had on Friday last week filed stay orders at the High Court - seeking to freeze the ruling declaring the BBI amendment bill null and void.

The move initially drew suspicion as such an appellate request ought to be filed at a higher court, in this case at the Court of Appeal since the ruling was made by the High Court.

In the notice dated Tuesday, May 18, the Attorney General explained that he was looking to file the petition at the Court of Appeal. However, no reasons were given for the earlier request.

"Take notice that the Hon Attorney General hereby withdraws his notice of motion application dated May 14, 2021, as he is desirous of invoking the concurrent jurisdiction of the Court of Appeal to seek similar reliefs," read the notice in part.

Explaining to Kenyans, a lawyer said that the Attorney General opted to withdraw the stay orders application and file it at the Court of Appeal since it would be challenging for him to get approval from the same bench that ruled on the BBI matter.

Kihara, through the Solicitor General Kennedy Ogeto, filed the stay orders at the Court of Appeal that has since been certified urgent by a 5-judge bench.

The court directed the involved parties to submit their written submissions by close of business this Thursday, May 20.

“The court will give its ruling based on the written material placed before it by email on Wednesday, May 26, 2021,” the court directed.