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Court of Appeal President Daniel Musinga began his stance with a warning shot to all counsels and parties involved in the Building Bridges Initiative (BBI) appeal case.
He, on Wednesday, June 2, during the Court of Appeal case management conference, advised against indignity and prosecuting the BBI case in the media, while asking the involved parties to allow the court to make a fair and properly informed decision without causing unnecessary tension.
“Let us be civil, respect one another, and be balanced in our comments. This is an important Judicial process that must be handled in a very civil manner,” Justice Musinga said.
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Attorney-General Kihara Kariuki. [Jonah Onyango, Standard]
Attorney-General Kihara Kariuki has filed an appeal challenging High Court’s judgement on Building Bridges Imitative (BBI).
Justice Kihara in his appeal, seeking to set aside the verdict by five High Court judges argues that they erred by declaring that President Uhuru Kenyatta can be sued in person.
At the same time, he faults the court for finding that some sections of the Constitution cannot be amended.
He accuses Justices Joel Ngugi, George Odunga, Teresiah Matheka, Jairus Ngaah and Chacha Mwita of bias and ignoring Kenya’s history on Constitution-making.
According to Kihara, the verdict by the High Court is a recipe for chaos adding that they ignored the peace process that culminated in a push for Constitution amendment.
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Attorney-General Kihara Kariuki. [Collins Kweyu, Standard]
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The AG, in his letter addressed to the court, said the application should be marked as withdrawn.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.