The Attorney General has asked the High Court to suspend its decision that stopped the process of changing the Constitution through the Building Bridges Initiative.
In a fresh application, Solicitor General Kennedy Ogeto says they have filed a notice of appeal at the appellate court and are seeking to have the Constitutional and Human Rights Division at the High Court suspend implementation of the orders it issued on Thursday last week.
Ogeto says due to public interest in the case, the court should suspend implementation of the orders. The application will be heard today.
A five-judge bench last week declared the BBI illegal, null and void.
The bench issued a permanent injunction restraining the Independent Electoral and Boundaries Commission from conducting the referendum.
President Uhuru Kenyatta was also faulted for acting in excess of his powers when he initiated the process of amending the Constitution.
The bench, led by Justice Joel Ngugi, said Uhuru made a fatal legal mistake in attempting to change the Constitution through a popular initiative, an avenue that is not available to him.
The judgment arose out of seven cases filed against the BBI Bill.
But the Attorney General says he is dissatisfied with the entire decision of the court and wants implementation of the judgment suspended, pending determination of his appeal.
He says no prejudice will be occasioned on David Ndii and other petitioners in the event the court suspends implementation of the decision by the five judges.
“To the contrary, we will be the ones to suffer prejudice as the applicants will proceed to execute the orders rendering the intended appeal nugatory and causing not only the AG but also the citizens of Kenya at large irreparable harm.”
The decision of the court came a week after lawmakers passed the BBI Bill with an overwhelming vote in support of the amendments.
At least 320 members participated in the vote in the second stage. During the vote, 235 supported the bill, 83 voted against it and two abstained.