On September 3, 2021. Attorney General Kihara Kariuki tendered a notice to appeal the verdict delivered on August 20, disagreeing with in the Court of Appeal’s judgement on the Building Bridges Initiative [BBI]. Also, the Independent Electoral and Boundaries Commission [IEBC], in the same vein lodged a notice of appeal aggrieved by the Appeal Court’s finding that it did not have a quorum to undertake signature verification in support of the BBI and approve the draft referendum Bill.
However, in my observations, although the judges differed on their approach to resolving the 23 issues from the High Court decision, they were all in agreement on upholding of 14 findings of the High Court while setting aside all the adverse findings against President Uhuru Kenyatta speaks volume.
It was not lost, that, prior to BBI deathblow judgement, President Uhuru Kenyatta and his partner Raila, had summon One Kenya Alliance [OKA] in Mombasa twice reportedly to sign pre-election pact in support of Raila presidency with unconfirmed reports they declined.
In my thinking, maybe deep-state smelled a rat, that they might abhorring anterior motive of joining DP Ruto if appeal was to be merited. Why? Let start with Musalia Mudavadi. Musalia in my opinion, might having a political beef with Uhuru for playing plank on him prior to 2013 general election which negated days later by declaring it was work of “demons” which to me, Uhuru was playing antics in order to scuttle Mudavadi, Peter Kenneth pre-election pact which they [Kenneth and Mudavadi were to meet and agree that particular time], so in the process they became time bared, while, UhuRuto had theirs ready.
For, Kalonzo Musyoka seems not to trust Kikuyu anymore, for standing with their man [Mwai Kibaki] in 2008 in hour of need and saved his government by been appointed Vice President, only for Kibaki not to endorse him in 2013 general election went for Mudavadi instead.
So, for the Appeal Court citing IEBC for lack of quorum during signature verification was to seal the loophole under Article 256, where President Uhuru could have pressured to invoke to revive BBI by just appending assent to the Bill.
In brief, what it stand now, if Apex Court disallows the AG and IEBC appeal, both UhuRuto will out of Government after 2022 general election. But with BBI, DP Ruto could have landed a soft landing in a constitutional opposition leader slot complete with government provided facilities in case he scores number two.