Chance of that happening is NIL
The sooner you Raila folks do two things the better for you in 2022
1) Accept BBI is dead - buried - 5 judges at superior court cannot be wrong - in 20 counts. That is 5 times 20. That is 100 counts. You expect 7 judges to overturn such? They may overtun 1 out of 20 counts...and BBI would still be dead as dodo. In fact the only 50-50 is Basic Structure - otherwise processwise it kaput kaput. That is ignoring the fact the Judiciary itself is the MAIN target of the same BBI and judges have found perfect opportunity to protect themselves for eternity almost
- golden chance to secure judicial independence for a long time.
2) Accept Uhuru is playing Raila.
Once you do those two things.
1) Revamp ODM and hope to become no 2 - and for Ruto to fail to nick 50% in first round. Then play for 2nd round.
2) Fold camp, stop stressing yourselves, and retire Raila for the bumbling idiot he is, and support OBADO
3) Support Ruto or OKOA - and cut a small deal for 3 ministers
The court of appeal will overturn the superior court ruling on Justiciability, allow BBI to go to referendum and pass before the matter is ripe for hearing. The courts should not interfere with a political process until its over. The referendum may not have passed and all this would be unnecessary.