President Kenyatta files Notice of Appeal against High Court’s BBI judgement


President Kenyatta files Notice of Appeal against High Court's BBI judgement
File image of President Uhuru Kenyatta during a past function. PHOTO| COURTESY

President Uhuru Kenyatta has filed a notice of appeal against the High Court judgment that stopped the Constitutional amendment push through a popular initiative.

Through his lawyer Waweru Gatonye, the President faulted the five high court judges for proceeding to hear and determine a matter against him, without ensuring he had been served in person by his accusers.

“The learned Judges proceeded to hear and determine a matter against H.E. Uhuru Muigai Kenyatta without ensuring that personal service had been effected upon him,” reads the notice.

The president has also questioned the basis of the judges’ verdict that he had violated provisions of Chapter 6 of the Constitution on leadership and integrity, and that he can be sued in his personal capacity and not as the head of state.

“The learned judges held and issued a declaration that Mr. Uhuru Muigai Kenyatta has contravened Chapter 6 of the Constitution, and specifically Article 73(1) (a) (i) of the Constitution of Kenya, by initiating and promoting a constitutional change process under Article 257 contrary to the provisions of the Constitution,” the court documents further read.

“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.”

Meanwhile, the Court of Appeal has certified as urgent, the application filed by the National Building Bridges Initiative (BBI) secretariat, ODM Leader Raila Odinga and Attorney General Paul Kihara Kariuki contesting the High Court judgment.

Appellate court duty judge Hannah Okwengu directed the appellants to immediately serve respondents who filed the High Court case and furnish them with written submissions within three days, electronically. The respondents must also submit their responses to the appeal within three days of receiving the application.

Justice Okwengu informed the parties that newly elected Court of Appeal president Daniel Musinga will constitute a bench to hear and determine the application, and inform all the parties of the hearing date.

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