Currently there are 12 COA Judges if they go minus one the the COA will be unconstitutional . What Anti BBI team should do is first to contest the constitution of the bench . Being a very highly politicized case some judges will opt out /recuse themselves . This will buy at minimum one week . Then secondly they should get an injunction against IEBC holding the referendum by all means they should argue out the proceeding of the referendum process . This is the only card Pro BBI Team have .
Suspension of orders is staying of orders. Mwangi is playing Raila. CoA cannot authorize IEBC to conduct a referendum when 5 bench have found serious issues. It waste of time. They need to justify why this is life and death - well it's for political circus like Raila wanted - it's about time - he got Plan B on the roll.
Anyway first challenge is getting 7 Bench in COA - with only 13 COA juges - spread in Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret - how will the new President Musinga get 7 bench judges that easily. They might have to abandon their stations - and rush to Nairobi - leading to more injustices elsewhere.
Uhuru should swiftly appoint 17 COA - so we get the required no of 30 COA.
Uhuru should NOT benefit from speedy hearing of his case - and should suffer like every kenyan - from the huge backlog - that him and Kuhara have caused by refusing to obey court orders.
CoA have the opportunity to stick it to executive one more - a real kick on their gonads for kenyans like Prof Ngugi and team delivered.
RV, Raila and team come with a different strategy. The now want suspension of the High Court order that stopped a constitutional referendum.
Its like a movie . Anti BBI team should forget about the merits or demrits of the case. This is because time is of disadvantage for BBI team. They should play delay tactics . We are in June already and its next to impossible for IEBC to hold a referendumn by July.
https://www.standardmedia.co.ke/amp/national/article/2001413876/bbi-office-files-appeal-raises-16-key-issues
