Lawyer Morara Omoke has filed a cross-appeal in the Building Bridges Initiative case, seeking to have President Uhuru Kenyatta compelled to refund public cash spent by the BBI Steering Committee to Treasury.
In documents seen by the Star, Omoke argues that High Court judges erred to decline an application that the President returns public funds used in the constitutional change process.
The cross-appeal was filed on Friday.
“The learned judges erred in law by declining to order the Auditor General to establish the amount of public funds utilised in the promotion of the Constitution of Kenya (Amendment) Bill, 2020,” Omoke said.
He added, “The judges erred in law by declining to take judicial notice of the huge amount of public funds, including a Sh4 billion car grant to MCAs.”
In the cross-appeal, the lawyer wants President Kenyatta to be ordered to dissolve Parliament as was advised by retired Chief Justice David Maraga.
“A declaration is hereby made that Parliament had no legal or constitutional capacity to debate and/or approve the impugned bill in view of the advice of Chief Justice (Rtd) David Maraga to President Uhuru Muigai Kenyatta to dissolve Parliament,” he said.
Omoke’s demands come days after President Uhuru Kenyatta, ODM leader Raila Odinga, the BBI Secretariat and the Attorney General formally filed appeals against the BBI ruling.
A High Court bench of five judges led by Prof Joel Ngugi declared the BBI unconstitutional, null and void.
Court of Appeal President Daniel Musinga is expected to constitute a seven-judge bench to hear the BBI appeal in a four-day marathon between June 29 and July 2.