BY SAM ALFAN.
Attorney General Kihara Kariuki now wants lawyer Charles Kanjama locked out of an appeal lodged by the government over the Building Bridges Initiative, which was declared unconstitutional by the High Court.
The AG through Solicitor General Kennedy Ogeto says Kanjama was not properly enjoined in the application before the High Court, which heard the BBI petitions.
Ogeto says that Kanjama having not been enjoined in the consolidated petitions, cannot purport to participate in the appeal before the appellate court.
According to Ogeto, Kanjama ought to have sought the leave of the court as required by law in order to participate in the proceeds.
“Despite having been denied joinder and participation in the superior lawyer Kanjama has now preferred the instant appeal using the ruling of the High Court and judgment dated May 13, 2021 having been aware he never participated in the hearing before five judges his appeal should be struck out,” says Ogeto.
The five judge bench Justice Prof. Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita quashed the push to amend the constitution through BBI on the grounds the president has no power to initiate the changes through popular initiative.
Aggrieved by the High Court Judgement, the AG filed appeal which will be heard by a seven judge bench of the court of appeal.
The AG argues that both the ruling dated March 13, 2021 and subsequent judgment of the five judge bench were irregular.
But before the hearing of the appeal, Ogeto says Kanjama’s application should be struck out.
The hearing of BBI appeal will commence on June 29 unto July 3.
