The Building Bridges Initiative (BBI) legal battle is headed to the Court of Appeal after a five-judge bench of the High Court declared the process unconstitutional, null and void.
President Uhuru Kenyatta, former prime minister Raila Odinga and Attorney General Kihara Kariuki have employed the services of seasoned lawyers with the hope they would help bring the BBI reggae back to life.
Here is the list of accomplished lawyers who will defend BBI at the Appellate Court.
Lawyers for Uhuru:
Lawyers for Raila
Lawyers for Attorney-General Kihara Kariuki
The Independent Electoral and Boundaries Commission (IEBC) has also indicated it would appeal the BBI judgment after the court found it lacked a quorum to conduct its business on matters BBI.
The court restrained the electoral body from undertaking any processes required under Articles 257 (4) and 257 (5) in respect of the Constitution of Kenya Amendment Bill, 2020. The bench noted the bill cannot be subjected to a referendum before the IEBC conducts a nationwide voter registration.
SC James Orengo has been tapped to join the BBI defense team barely two weeks after fallout with Raila over some sections contained in the document.
Orengo openly defied Raila for his support of the addition of 70 new constituencies which are expected to expand the already stretched wage bill.
The two leaders held a meeting and shortly after, Orengo took to social media to affirm that his allegiance to his party leader was unshaken.
The newly constituted team will face off with that opposing BBI which includes constitutional lawyer Waikwa Wanyoike.
Wanyoike is the Litigation Director of Open Society Justice Initiative is an operational program of the Open Society Foundations.
He also co-founded and served as the executive director of Katiba Institute in Nairobi for eight years.
Despite having less publicity than the luminaries on the government side, Wanyoike has a record of winning landmark cases against the government including the High Court ruling that which declared the BBI null and void. Some of the cases include the deportation case against Miguna Miguna as well as a petition that awarded victims of Post Election Violence Ksh4 million.
The opposing team also includes former Presidential and Senior Counsel Martha Karua and Kituo cha Sheria leader Annette Mbogoh.
Others in the team include Elias Mutua, Arnold Oginga, Esther Ang’awa, Evans Ogada, among others.