Attorney-General defends Uhuru role in BBI as appeal takes off

Court of Appeal judges

Court of Appeal judges during the hearing of an appeal filed by the government on the BBI Bill, on June 29, 2021, at the Supreme Court Buildings. PHOTO | DENNIS ONSONGO | NMG

Attorney-General Kihara Kariuki on Tuesday defended President Uhuru Kenyatta’s participation in the push to amend the Constitution through the Building Bridges Initiative (BBI) and urged the Court of Appeal to overturn a judgment that halted referendum plans.

In submissions through several lawyers, including Solicitor General Kennedy Ogeto, the AG told the appellate court that any Kenyan, including the Head of State, has a right to initiate changes to the Constitution.

“It was also wrong for the judges to make a finding that public officers cannot participate in a popular initiative process for the amendment of the constitution and can only propose constitutional amendment proposals through Parliament and that the popular initiative was a preserve and monopoly of private citizens without reference to any specific provision of the constitution to support it,” Mr Ogeto said when he appeared before a seven-judge bench.

The High Court last month halted the push to amend the Constitution through BBI citing illegalities.

The bench led by Justice Joel Ngugi said that Mr Kenyatta acted in excess of his powers and contravened the Constitution, in particular Chapter Six, when he initiated and promoted a constitutional change.

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