The head of state president Uhuru Kenyatta has filed a notice of appeal against the judgement by the High Court that put a stop to the Constitutional amendment proposal under the Building Bridges Initiative (BBI)
Uhuru filed the notice of appeal through his lawyer Charles Waweru Gatonye and censured the 5 High Court judges for hearing and determining a matter against him without being duly served.
Charles Waweru Gatonye. PHOTO/COURTESY
“The learned Judges proceeded to hear and determine a matter against H.E. Uhuru Muigai Kenyatta without ensuring that personal service had been effected upon him,” the notice read.
Additionally, the president scrutinized the Judge’s decision that he had disregarded provisions of Chapter 6 of the Constitution on leadership and integrity and that he can be sued in his own ability and not as the president.
“The learned judges held and issued a declaration that Mr. Uhuru Muigai Kenyatta has contravened Chapter 6 of the Constitution, and specifically Article 73(1) (a) (i) of the Constitution of Kenya, by initiating and promoting a constitutional change process under Article 257 contrary to the provisions of the Constitution,” the notice read in part.
A unanimous decision by a five-judge bench ruled that the process of the BBI was unconstitutional and that the president committed numerous legal blunders in a bid to reform the supreme law.