The whole of yesterday and today has been busy days for Kenya's top legal minds who have been submitting at the Supreme Court of Kenya in the appeal case of AG Paul Kihara of the Building Bridges Initiative. AG Kihara and his team of top lawyers argued that the learned court of Appeal Judges erred in upholding the High Court decision which nullified BBI.
Exiled Kenyan lawyer Dr Miguna has finally spoken on the case. According to Miguna, for the majority of the Supreme Court judges to overturn the ruling, the appellants must prove beyond peradventure that there was a palpable and overriding error in the Court of Appeal decision.
Miguna says because non of the appellants counsels mentioned the palpable error, the apex court will have no otherwise than to throw away the appeal.
The biggest questions have been on the existence and applicability of basic structure doctrine in Kenya, the four steps to be followed to make an alteration to the constitution and the question of whether the IEBC was properly constituted.
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