The BBI Secretariat has announced that it will be heading to the Supreme Court to challenge a recent Court of Appeal ruling that upheld a High Court decision that declared BBI unconstitutional.
Addressing the media on Thursday, BBI Secretariat Co-Chairs; Junet Mohammed and Dennis Waweru, flanked by lawyer Paul Mwangi accused the lowers courts of erring in their judgments regarding the BBI Bill.
They noted that having been to the High Court and Court of Appeal, they will now be heading to the Supreme Court in a bid to legally pursue the matter to the end.
"The overriding sentiment is that we must pursue this matter to the very end.. We believe that the Supreme Court has a wider and more encompassing mandate when dealing with matters of national interest than the High Court or Court of Appeal," Waweru said.
"We believe that the two lower courts failed to appreciate the delicate balance needed in resolving an issue like the one before us and that only the Supreme Court judges have both the vocation and the mandate to do so,” he added.
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On his part, Junet argued that there is a need for the Supreme Court to pronounce itself on the issue of Basic Structure doctrine.
"Kenyans deserve clarity on the Basic Structure Doctrine. We feel that as it is, the Judiciary has amended the Constitution of Kenya and written processes into it that Kenyans did not discuss or vote on," he said.
Earlier on, ODM leader Raila Odinga; a chief proponent of the BBI Bill announced that they'll not go to the Supreme Court if the Court of Appeal ruled against them.
It, however, appears that the team has had a change of heart and decided to exhaust all the available legal mechanisms.
The announcement by the secretariat comes barely a week after the Court of Appeal upheld a High Court decision declaring BBI unconstitutional.
