Attorney General Discloses Next Action After BBI Loss

Attorney General Paul Kihara Kariuki.
Attorney General Paul Kihara Kariuki.
File

Solicitor General Kennedy Ogeto stated that the Attorney General’s office was considering moving to the Supreme Court to challenge the Court of Appeal’s judgment that declared the Building Bridges Initiative (BBI) illegal and unconstitutional, on Friday, August 20. 

Ogeto, who addressed the media outside the courts immediately after the judgment was delivered, added that the decision to move to the superior court will be made after they deliberate on the full judgment.

The attorney faulted the Appeal's court decision to uphold the ruling issued by the High Court declaring the BBI null and void. 

Siaya Senator, James Orengo, also played coy with filing an appeal at the Supreme Court, headed by Chief Justice Martha Karambu Koome. Orengo represented the Orange Democratic Movement (ODM) leader, Raila Odinga, and the BBI Secretariat. 

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The Senate Minority Leader weighed in on Raila’s statement clarifying that the former Prime Minister had alluded to salvaging the BBI through other undisclosed forums, but which analysts opined could be the Supreme Court or Parliament. 

“In his statement, he spoke about the discussion going on. The next move may be proceeding to another forum,” Orengo stated. 

Raila, on Wednesday, August 18, stated that they would not appeal the case at the Supreme Court should the Appellate Court throw it out. He added that his party would instead focus on the 2022 General Election.

However, in his statement issued on Friday, August 20 following the Court of Appeal verdict, the former Prime Minister hinted that the BBI may resurface at one time in the near future. 

"It is likely that today's Court of Appeal ruling is not the end of the conversation and the parties involved will each make their own decisions on how to proceed from the decision that has been delivered today. But we feel that we have to move on," Raila urged all parties to move on. 

"This is not an indication of our regard to this noble initiative. Far from that, we feel that we must now see the forest for the trees, and pursue the bigger goal of setting the rest of the issues facing this country right."

Another hint that the BBI process was not yet over could be seen through the joint statement issued by Nairobi Senator, Johnson Sakaja, and his Makueni counterpart, Mutula Kilonzo Junior.

"It is now time for us as leaders, from all different shades of the political divide, to have an honest conversation with each other. We urge our colleagues in Parliament to put the country first as we had proposed that we isolate issues of consensus and make necessary interventions after the High Court ruling,” the duo stated. 

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ODM leader Raila Odinga addresses a gathering at National Assembly Minority Whip, Junet Mohamed's home in Migori County on Sunday, August 1, 2021.
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