" I want this court to exercise avoidance in their ruling" SC Prof Githu Muigai has told the court of Appeal this morning. The high stake BBI appeal has drawn very top legal minds in Kenya to a tussle, with Senior Counsel Githu Muigai tickling the court by saying that he has never argued a case with Senior Counsel James Orengo on the same side for a period of over than 20 years. "It is a progressive move that I am now arguing a case on the same side with my learned friend SC Orengo which I have never done for more than 20 years" Githu has said.
Lawyer Orengo represented Mr Raila Odinga in the supreme Court case of 2017 in which they managed to convince the supreme Court that there were illegalities in the elections, whereas Prof Githu Muigai unsuccessfully represented the then president elect Uhuru Kenyatta.
" That if we cannot change a constitution then we should overthrow it is a serious mistake that we should not undertake" SC Githu Muigai has told the court this morning.
The lawyers are arguing that the High Court made an egregious error in overturning what they call the will of the people.
In earlier submission, Senior Counsel Otiende Amollo has told the court that the BBI constitutional amendment bill was initiated by Hon Junet Mohammed and Denis Waweru and not by president Uhuru Kenyatta as was noted by the High Court.
" There was no proper justification of the matters we are now dealing with now" lawyer eric Gumbo has told the court.