Orders on IEBC inform Uhuru BBI appeal
Rawlings Otieno and Eric Juma
President Uhuru Kenyatta and ODM leader Raila Odinga intend to first attack the High Court orders barring the national poll agency from conducting a referendum, as part of their bigger strategy to salvage the Building Bridges Initiative (BBI).
The thinking, according to the BBI Secretariat and senior counsels who have been tapped for the appeal case on the Constitutional Amendment Bill (2010), is to secure orders that will allow the poll agency to prepare for the referendum in order to meet the strict constitutional timelines for implementation of proposals in the reform initiative.
The Attorney-General (AG), Raila, the BBI secretariat and the Independent and Electoral Boundaries Commission (IEBC) have lined up strong teams of lawyers for the appeal case on the High Court ruling declaring the initiative “unconstitutional, null and void”.
Of particular concern to the promoters, it is understood, is the permanent injunction by the High Court on the IEBC not to conduct a referendum with arguments that it will be too late to conduct a national vote on the Bill if the matter awaits full hearing in Court of Appeal.
Tough duel
Siaya Senator James Orengo and BBI co-chair Dennis Waweru yesterday exuded confidence that they had put together a watertight case to overturn the May 13 landmark ruling.
“We believe that the ruling was more political than legal. We have a combined team of lawyers from the Secretariat, AG’s office and IEBC. We believe that the Court of Appeal will give a stay order to allow IEBC to continue with its preparations,” said Waweru.
Waweru told People Daily they hope the Court of Appeal will give a stay order to allow the IEBC to continue with their preparations for the referendum even as they wait for hearing and determination of the appeal.
According to Waweru, former BBI co-secretary Paul Mwangi will lead the lawyers on behalf of the BBI Secretariat alongside AG Kihara Kariuki, Solicitor General Ken Ogeto while former AG Githu Muigai will lead another team on behalf of the electoral commission.
BBI joint-secretary Paul Mwangi said lawyers Orengo, George Oraro, Waweru Gatonye, Rarieda MP Otiende Amollo, Mohamed Nyaoga, Desterio Oyatsi, Jackson Awele and Paul Nyamodi will be part of their team.
“We have assembled a legal team for the appeal case,” said Mwangi.
Orengo, while speaking during the burial of former South East Alego MCA Joshua Osuri in Siaya County, told Kenyans to prepare for a tough duel at the Court of Appeal.
“We have gathered water-tight evidence that will help us fight the case. BBI supporters must remain confident and trust us on the issues.
The court has vindicated Rarieda MP Otiende Amollo and I for seeking BBI amendments in Parliament and Senate,” said Orengo.
The Senate Minority leader and Amollo came under heavy criticism in Parliament following their suggestions that the BBI Bill be amended by the Senate and the National Assembly.
Besides barring the IEBC from conducting a referendum, the High Court declares the commission illegal saying it lacks quorum following the resignation of some of the commissioners.
Orengo, at the same time, took a swipe at leaders in ODM whom he claimed were quick to criticise and undermine them for giving divergent opinions on the initiative, noting that his push for amendments were meant to avert a crisis.
He added that some of the leaders who castigated him for disrespecting Raila were not asking him to offer his legal mind in the appeal case.
“It’s so sad that certain leaders in the ODM party who were vocal and issued statements that branded us as betrayers who were disrespecting ODM leader Raila Odinga cannot be seen now that we have a crisis.
They turned against me in moments of crisis and have abandoned the party when they are needed most,” said Orengo.
Orengo regretted that most of the leaders in ODM are keen on fulfilling selfish interests and are disinterested in defending the party as has been witnessed in past cases.
Orengo cited Raila’s swearing-in ceremony at Uhuru Park in 2018, as an event that most politicians deserted him.
“The political fights are not for the faint-hearted but strong soldiers like Ruaraka lawmaker TJ Kajwan’g and lawyer Miguna Miguna who stood by Raila and the active role they played in that ceremony bore fruits of the Handshake and BBI,” he charged.
He further asked Kenyans not to lose hope adding that one has to struggle and sweat to have a bright future, “so for us to reap the products of BBI, we have to struggle but we are sure the plebiscite will be held this year.
“Israelites took 40 years in the wilderness that was full of enemies, hunger, thirst but they eventually reached Canaan.
For Kenyans to achieve the 2010 Constitution, most of us struggled and amending it is not an easy task but we are sure that after the sacrifices, we shall put the country on the right path,” said Orengo.
Orengo and Otiende are now part of the lawyers going to battle it out in courts to save the BBI.
“We have no doubt on the legal minds presenting us on the BBI case at the appeal case, their presentations at the Supreme Court in 2017 on the Nasa Presidential dispute case put them above board,” said Siaya ODM chairman George Oloo Okanda.
The IEBC has also appealed the High Court’s verdict on the BBI, framing its appeal in four thematic areas as its grievances against the five-judge bench’s verdict.
