This archive report was first published on 2 October 2021.
On October 2, 2021, Attorney General Kihara Kariuki filed a second appeal to the Supreme Court, seeking the top court's final determination of the Building Bridges Initiative (BBI), which had already been declared illegal by a bench of five judges of the High Court.
The President's chief legal advisor wants the Supreme Court to determine whether the president can initiate popular initiative or whether he can promote the same to amend the constitution.
AG Kihara will also be asking the Supreme Court to find out whether civil proceedings can be initiated against the president or a person performing the function of the office of the president in their personal capacity during their tenure of office in respect of anything done or not done contrary to the constitution.
He has challenged the basic structure doctrine and wants the Supreme Court to declare that it is not applicable in Kenya.
AG Kihara has also pleaded with the apex court to hold that the constitution (Amendment) Bill 2020 (BBI) compiled with constitutional requirements on public participation and is therefore constitutional.
Justice Patrick Kiage, a Court of Appeal Judge, had strongly affirmed the high court decision on basic structure, saying he will not accept criticism to be levelled against the high court judges on their interpretation of the constitution.
