There was confusion Tuesday after the Attorney General withdrew an application filed at the High Court seeking suspension of a judgment nullifying the Building Bridges Initiative (BBI).

AG Paul Kihara Kariuki had filed an application seeking a stay order from the High Court, which nullified the BBI referendum on grounds that the process went against the Constitution.

The decision by the AG to withdraw the appeal comes only hours after the five-judge bench that nullified the BBI process certified his application as urgent.

Paul Kihara Kariuki. PHOTO/COURTESY

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Kihara has instead indicated that he would file the same application at the Court of Appeal as the government seeks to reverse the decision by the five High Court judges.

Justices Joel Ngugi, George Odunga, Teresia Matheka, Jairus Ngaah and Chacha Mwita last week ruled that changes proposed in the BBI Bill could not be made to the basic foundation structure of the Constitution.

The 5-judge bench that nulified the BBI process. PHOTO/COURTESY

In that regard, the five-judge bench declared the process unconstitutional barring the Independent Electoral and Boundaries Commission (IEBC) from conducting a referendum on the Constitution of Kenya (Amendment) Bill, popularly known as the BBI Bill.