Attorney-General Kihara Kariuki on Tuesday withdrew his application seeking to suspend High Court judgement on Building Bridges Initiative even after five judges directed they would rule on the same next week.
The AG, in his letter addressed to the court, said the application should be marked as withdrawn.
He had on Saturday filed an urgent application before the High Court to suspend the judges’ decision pending the appeal.
In his withdrawal papers, Justice Kihara said he wants to seek a similar remedy before the Court of Appeal.
Ealier in the day, Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresiah Matheka and Chacha Mwita had directed parties to file their responses on the AG’s application and they would rule on the matter on Wednesday.
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With the AG now dropping the High Court’s application, the BBI battle has shifted to the Court of Appeal with President Uhuru Kenyatta through the AG, Orange Democratic Movement party leader Raila Odinga, the BBI National Secretariat and the Independent Electoral and Boundaries Commission seeking to overturn the decision.
At the centre of the appeals against the judgement by the five judges will be cited participation of President Kenyatta in the BBI process, IEBC quorum hitch and who should initiate constitutional changes.
Raila and the BBI National Secretariat, in their notice of appeal, stated that they are dissatisfied with the entire decision of the five-judge bench and want a second opinion from the Court of Appeal.
“Take notice that the Building Bridges Initiative national secretariat and Hon Raila Amollo Odinga being dissatisfied by the judgement of the High Court intend to appeal against the whole judgement,” read the notice filed by lawyer Paul Mwangi.
The High Court judges had declared that President Kenyatta breached Chapter Six of the Constitution on leadership and integrity by initiating the constitutional amendment process and that he can be personally sued for his actions.
Lawyers preparing the records of appeal said they will prove to the Court of Appeal that the judges made a mistake in indicting the president when there was another judgment by Justice John Mativo and which cleared his participation.
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