Two petitioners in the BBI case have opposed the withdrawal of the stay application by the Attorney General without leave of court.
In a letter to the Deputy Registrar, they further want the court to discuss the issue of costs because of the time they had invested in preparing responses for the application that was withdrawn.
Through Lawyer Evans Ogada, the two - Isaac Ogola and Justus Juma - said, “My clients verily believe that in granting such leave the court ought to pronounce itself on the question of costs.”
They claim that they had already prepared for the application by the AG when they heard that it had been withdrawn.
Ogada said they had already been served with the replying affidavit of Isaac Aluochier as at the time of receipt of the said letter by the AG withdrawing the appeal.
Ogada says since they had already taken steps in accordance with directions issued on Monday, the application cannot be withdrawn without leave from court.
“Since our clients had already taken steps in accordance with the directions of this court issued on Monday this week, in terms of rule 27 of the Constitution the said withdrawal has no effect in law without leave of court,” the letter reads.
Ogada has requested the court to mention the matter on Friday this week before the five judge bench for directions on the issues he has raised.
The AG filed the application for stay on Friday. a day after the judgement seeking to stop implementation of the orders issued.
On Monday this week, the five judge bench gave directions on how they will handle the matter saying they will deliver ruling on the stay next week via email.
However, a day later the AG through State Counsel Emmanuel Bitta wrote to the High Court withdrawing the application saying they had opted to move to the Court of Appeal.
