By Victoria Magar
President Uhuru Kenyatta has filed a notice of appeal against the High Court’s Building Bridges Initiative (BBI) judgment that declared the process unconstitutional, null and void. Uhuru says he was aggrieved by the High Court’s BBI judgment.
Through his lawyer Waweru Gatonye, Uhuru raised several reasons why he intends to appeal the verdict that found him on the wrong on multiple grounds. Here are some of the points raised by the president.
Uhuru wants to know why he can be sued in his personal capacity and not as the president of the republic, the head of state said he was not served despite him being a respondent in the BBI case. Uhuru is not satisfied with the declaration that he contravened the law by initiating a process to amend the 2010 Constitution.
The commander-in-chief of the armed forces is fighting the reason given that he can be sued while still serving in office if he does anything contrary to the constitution. Uhuru would challenge the judges’ declaration that he only initiate an amendment to the constitution through the attorney general or parliamentary initiative.
The president says the BBI steering committee was not an illegal entity as unanimously stated by the five-judge bench.
Judges Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita and Teresia Matheka said the BBI, which is a brainchild of the handshake truce between Uhuru and Opposition leader Raila Odinga, was initiated by the head of state himself in contravention to the law.
The court unanimously said Uhuru overstretched his mandate by initiating a process to change the constitution.
“The president, government or any state organ cannot be an initiator of and an umpire in amendment of the constitution,” the court said.
It further scoffed at BBI’s alleged aim of unifying the country saying it would achieve the exact opposite as the document was being fronted by an individual, Uhuru, to whom the steering committee is accountable.