President Uhuru Kenyatta has moved to the court expressing his desire to challenge a High Court ruling that declared the BBI process unconstitutional.
The president through his lawyer Waweru Gatonye filed a notice of appeal, arguing that as one of the respondents in the petition, he was dissatisfied by the judgment delivered by the five-judge high court bench.
In his court papers, the Head of State argues that the judges proceeded to hear the petition against him without ensuring he was served.
"The judges proceeded to hear and determine a matter against H.E. Uhuru Muigai Kenyatta without ensuring that personal service had been effected upon him," The President’s notice of appeal papers read in part.
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Some of the declarations the president intends to appeal against include; the court’s pronouncement that he violated Chapter 6 of the Constitution by initiating and championing for constitutional amendment under Article 257 contrary to the provisions of the Constitution.
He is also unhappy with the High Court’s declaration that the BBI taskforce is an illegal entity, and that he has no powers to initiate a popular initiative.
While delivering the ruling, a five-judge bench made up of Justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka, and Chacha Mwita declared the BBI process illegal, arguing that the President cannot initiate a popular initiative.
“It is our finding that popular initiative is a power reserved for Wanjiku neither the president or any other state organ can utilize article 257 to amend the constitution.
“President cannot purport to directly initiate a constitutional amendment. He isn’t part of parliament. He has no power under the constitution to initiate changes under the constitution since parliament is the only state organ that can consider the effecting of constitutional changes. The president is not permitted to amend the constitution using popular initiative,” the court ruled.
