The Attorney General Kihara Kariuki has filed an application before the court of appeal seeking to have lawyer Charles Kanjama struck out of the Building Bridges Initiative appeal.
Through Solicitor General Kennedy Ogeto, the Ag argues that Kanjama was not properly enjoined in the application.
He argues that Kanjama ought to have sought the leave of the court as required by law in order to participate in the proceeds adding that since he was not enjoined in the consolidated petitions in the high court, he cannot now purport to participate in the appeal before the appellate court.
“Despite having been denied joinder and participation by the superior court, lawyer Kanjama has now preferred the instant appeal using the ruling of the High Court and judgment dated 13th May 2021 having been aware he never participated in the hearing before five judges his appeal should be struck out,” says Ogeto.
According to the AG, both the ruling dated 13th March 2021 and subsequent judgment of the five judge bench that dismissed the BBI petition were irregular.
The five judge bench Justice Prof. Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita dismissed the BBI petition on the grounds the President has no power to change the constitution which can only be amended through an act of parliament or referendum.
Aggrieved by the High Court Judgement, the AG filed an appeal whose hearing is set to commence on 29th June this year before a seven judge bench.