The Attorney General has withdrawn his application seeking stay orders on Judgement against the Building Bridges Initiative(BBI) Bill.
This comes after the High Court had certified the AG’s stay application as urgent.
In a notice, the AG said he was withdrawing the application because he wishes to move to the Court of Appeal to seek the the same reliefs.
“…the Hon. Attorney-General hereby withdraws his Notice of Motion
Application dated 14th May, 2021 as he is desirous of invoking the concurrent
jurisdiction of the Court of Appeal to seek similar reliefs,” read the notice.
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’s withdrawal is likely to prompt a change in plan by the court.
The AG, IEBC and BBI secretariats had 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 said 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.