The Five judge bench that nullified the BBI process will next week decide whether it will suspend its own decision after the Attorney General filed an application for a stay of the implementation of the judgment.
In what is seen as an invitation to revisit its orders, Kihara specifically wants the five-judge bench to issue a stay of the orders issued to the IEBC stopping them from preparing or conducting a referendum owing to lack of quorum pending the appeal.
The AG argues that he is dissatisfied with the entire decision of the court and wants implementation of the judgment suspended, pending determination of his appeal.
Through Solicitor General Kennedy Ogeto, the AG said no prejudice will be occasioned to the petitioners in the event the Court of Appeal stays the judgement of the orders issued on Thursday.
The judges led by Prof. Joel Ngugi have directed the AG to file and serve his full submissions by close of business on Thursday.
The court which has certified the matter as urgent said it will make the ruling on Wednesday, 26th.
“The Application is certified urgent to warrant it to be considered on an emergency basis. The Court notes that the Application has been served electronically on all the parties and directs that all the parties file and serve (by email) their responses to the Application by Close of Business on Wednesday, 19/05/2021” directed the judges.
“All the other parties to the consolidated cases have also been directed to file and serve their submissions to the application by end of day on Friday. All the other parties to file and serve their written submissions to the Application by the end of day on Friday, 21/05/2021. The Court will give a ruling based on the written material placed before it by email on Wednesday, 26/05/2021” the court added.
The bench had on Thursday, May 13, ruled that the BBI process was unconstitutional, null and void.
The bench said an amendment can either be initiated by a Parliamentary or popular initiative, not the President.
The judges also ruled that the Steering Committee on the Implementation of the Building Bridges Initiative taskforce is an unlawful entity.
The BBI promoters have kick-started the process of lodging an appeal against the ruling that they have termed political.