The hurried nomination and appointment of Lady Justice Martha Koome as Kenya's new Chief Justice to take after Rtd Justice David Maraga could be having more than meets the eye following her hurried swearing in, shortly after the High Court issued a ruling stopping the BBI process. The swearing-in comes merely a day after the Attorney General Kihara Kariuki withdrew his application on behalf of the state from the High Court with an eye of registering it at the Court of Appeal.
The Court of Appeal has two options to take as far as the decision to seek an appellate intervention is concerned; uphold the ruling or rescind it. Should the Court of Appeal rescind the BBI ruling, the state's quest to seek favour in the corridors of justice will end there but the petitioners might decide to seek intervention from the Supreme Court. If the Court of Appeal upholds the ruling, the state and BBI proponents will still have to seek another appellate intervention at the Supreme Court, giving the highest court a big chance of hearing the matter soon after it is done at the forthcoming level.
The Attorney General's decision to withdraw the case from the High Court could be to pave way for it to reach the Supreme Court, in which the state only needs four of the seven judges to win.
If the state succeeds in convincing the new Chief Justice to heed to their plea, plus three other judges, then BBI proponents will smile all the way to the referendum. With the state's attention and interest on the process, and all the resources at its disposal, convincing the new Chief Justice and other three or four judges will be easy. Already, the state has smoothly approved the nomination of Justice Ouko who adds to the list of justices Njoki Ndung'u, Philomena Mwilu, Mohammed Ibrahim and CJ Koome, all who are supposedly able to rule against the High Court ruling.
If this prediction does not come to pass, then the state will have to abort the process and go back to the drawing board.
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