The application made by the Attorney General seeking to have the Building Bridges Initiative(BBI) Bill ruling suspended has been certified as urgent.
The five-judge bench said the application was certified urgent for it to be considered on an emergency basis.
Further, the judges have directed parties in the case to file and serve their written submissions to the application by the close of business Thursday this week.
“The court will give a ruling based on the written materials placed before it by email on Wednesday, May 26,” the court ruled.
The AG filed a notice of appeal seeking the High Court to suspend its decision on the judgement it issued on the BBI Bill on Thursday.
Through Solicitor General Kennedy Ogeto, the AG says he is dissatisfied with the entire decision of the court and wants implementation of the judgement suspended.
“….the Honourable Attorney General being dissatisfied with the decision of the 5 judge bench consisting of Honourable Justice J.M. Ngugi, Honourable Justice G.V. Odunga, Honourable Justice Ngaah Jairus, Honourable Justice E.C. Mwita and Honourable Lady Justice Mumbua T. Matheka delivered at the High Court at Nairobi on the 13th day of May 2021 intends to appeal the Court of Appeal against the whole of the said decision,” read the notice.
Meanwhile, the BBI task force steering committee lawyer Paul Mwangi and Arnold Oginga, BBI National Secretariat and former Prime Minister Raila Odinga are currently filing an appeal.
The Independent Electoral and Boundaries Commission (IEBC) has also said that it is in the process of lodging an appeal in regards to the High Court ruling on its legality and constitutionality in relation to quorum.
Speaking in Juja yesterday, IEBC chairman, Wafula Chebukati, said the commission will file an appeal on the ruling.
“As a commission we have engaged our lawyers and discussions are ongoing… in the course of this week, we shall be lodging an appeal in the Court of Appeal and it’s for the simple reason, sometime in 2018, the High Court presided by Justice Okwany made a determination that article 250 of the Constitution is what applies to the Commission,” he said.
Chebukati said the judgement relied on the commission’s statute of having five members as quorum but not the constitution that provides for three.