President Uhuru Kenyatta has filed a notice of appeal against High Court judgment that declared the BBI constitutional reform illegal.
The High Court recently stopped the BBI reggae calling it unconstitutional and illegal. See article.
Uhuru through his lawyer Waweru Gatonye has launched his fight against the five high court judges.
The President through his lawyer has said that he intends to appeal the Court of Appeal against part of the High Court’s judgment.
Uhuru has raised nine points in his notice of appeal, faulting the judgment delivered by the five-judge bench.
The learned judges proceeded to hear and determine a matter against His Excellency Uhuru Muigai Kenyatta without ensuring that personal service had been affected upon him.reads the notice in part
Also, the President is against the High Court’s declaration that he can be sued in his personal capacity. And not as the President of Kenya.
Uhuru is moreso aggrieved that the judges later issued a declaration that he had contravened chapter 6 of the Constitution. And specifically Article 73(1)(a)(i) of the Constitution by initiating and promoting a constitutional change process under Article 257 contrary to the provisions of the Constitution.
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 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.
Uhuru also intends to challenge a declaration that the Steering Committee on the implementation of the BBI to a United Kenta Taskforce Report was an illegal group.
The President had established the task force in a Gazette notice dated January 3rd, 2020. And published in a special issue of the Kenya Gazette on January 10th, 2020. But the High Court declared the task force as an unconstitutional and unlawful entity.