Kenya: Petitioners in BBI Case Oppose State’s About-Turn on Appeal

One of the eight petitioners in the Building Bridges Initiative (BBI) case has opposed the decision of Attorney General Kihara Kariuki to withdraw his request for suspension of the judgment.

Mr Justus Juma has told the High Court deputy registrar that the decision of the AG to withdraw the application for stay is irregular.

The AG cannot abandon the application without the authority of the court, hence he should have sought the permission of the judges to withdraw the stay application, argued Mr Juma.

Through his lawyer Evans Ogada, the petitioner wants the case file to be called for a mention so that the judges can give proper directions on the AG’s decision to withdraw the application.

“The said withdrawal has no effect in law without leave of court. My clients verily believe that in granting such leave, the court ought to pronounce itself on the question of costs,” said lawyer Ogada in a letter to the High Court Deputy Registrar.

Mr Juma, a resident of Nairobi County and a member of the Justice Freedom Party of Kenya, had filed his petitioner together with Mr Isaac Ogola.

Their lawyer, in a letter to High Court deputy registrar yesterday, said when the AG filed the application for stay of the orders made by the five-judge bench, his two clients instructed him to file a response.

He added that by the time the AG was communicating the withdrawal, another petitioner named Isaac Aluochier had filed his response to the stay application.