As the BBI proponents through the Attorney General Kihara Kariuki and battery of lawyers from the Secretariat led by Paul Mwangi head to court to try and seek nullification of Thursday's ruling on the process, their boat has chances of reaching the shore if they tried some available legal options. So far the appellants have only issued a notice of appeal seeking to nullify the five-judges bench ruling in totality and that can work positively for them if they tried these options.
First, the ruling illegalized IEBC and its recent activities on grounds that it lacks the necessary quorum as per the provisions of the IEBC Act. This means the by-elections held by the electoral registry can be challenged and end up being nullified despite using public resources and getting approval from other arms of government. The BBI proponents can therefore seek an appellate intervention together with IEBC under a certificate of urgency on grounds that the ruling affects the functioning of the commission and especially its by-elections that will be held in Bonchari and Juja. This will see either a nullification of the clause or halt its implementation until the exercise is done.
Also, the ruling seemed to interfere with the immunity of the President granted by the constitution. This, similarly gives the proponents a valid ground to challenge the ruling on grounds that the ruling defied the constitution.
The proponents can then ask the appellate court to conduct a lengthy hearing as the process continues, and IEBC prepares for a referendum.
A successful appeal depends on unity of the ruling's victims and not on which lawyer to hire. A success in the appeal will be a major boost to the whole process.
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