Battle lines have been drawn as the Court of Appeal will be sitting in Nairobi from this morning, for the hearings of BBI appeal. The bench to preside over the case was constituted by the newly appointed Appeals Court President Daniel Musinga last week on Thursday.
President Uhuru Kenyatta and former PM Rt Hon Raila Odinga have put their best forward as they fight a legal battle of their lifetime, one comparable only to the 2017 presidential petition hearing. The hearing, which will be conducted between June 29th and July 2nd has listed President Uhuru Kenyatta, ODM leader Raila Odinga, the BBI secretariat, Thirdway Alliance as interested parties.
The joint legal team, representing the president and the ODM leader is headed by Siaya Senator James Orengo and AG Paul Kihara. Other members of the powerful legal team are former AG Githu Muigai, Mr. Odinga’s personal lawyer Paul Mwangi, Rarieda MP Otiende Amollo, long-serving AG Amos Wako, top lawyer George Oraro, and Solicitor General Kennedy Ogeto.
Justice Musinga will preside over the case, together with Justices Roselyne Nambuye, Hannah Okwengu, Patrick Kiage, Gatembu Kairu, Fatuma Sichale, and Francis Tuyoitt.
Speaking from Nairobi on Sunday, members of the BBI Secretariat expressed confidence they will triumph in the courts then proceed with the constitutional amendment journey. Suna East MP Junet Mohammed said they have a solid case and are determined to have the higher court overturn the decision of the High Court which declared BBI null and void..
“We expect justice and fairness to be done to us because we believe we have a good case. I don’t see any basis to stop us from having a referendum,” said Junet, adding that nothing stops the country from holding a plebiscite this year, and the general elections next year.
”We are within our timelines. Once we are done with the legal matter, the next stage would be a referendum. Nothing stops us from holding a referendum and election within a year,” he said.