The BBI proponents have signaled another legal battle after the Attorney General’s office indicated that it has a fresh application to appeal the decision of the high court that declared the BBI process unconstitutional.
Solicitor General Kennedy Ogeto says they have filed a notice as urgent and want the court to suspend implementation of the orders.
The application will be heard today.
A five-judge bench last week declared the BBI illegal, null and void.
The bench issued a permanent injunction restraining the Independent Electoral and Boundaries Commission from conducting the referendum.
President Uhuru Kenyatta was also faulted for acting in excess of his powers when he initiated the process of amending the Constitution.
The bench, led by Justice Joel Ngugi, said Uhuru made a fatal legal mistake in attempting to change the Constitution through a popular initiative.
This was claimed an avenue that is not available to him.
Meanwhile Muranga county women rep Sabina Chege has also faulted the judges.
She claims the ruling was to settle scores with the executive.