1) He would tell not be party to the appeal - it's Uhuru's time-wasting (time buying) ploy. Uhuru never wanted BBI from the get-go. Maybe later when he really fell out with Ruto did he embrace it - otherwise, he would have nailed BBI in 2019 or a long time ago - not exactly a year to the election - and six months to the campaign period. Museveni for example remove 70yr limit - nearly 5yrs before he turned 70
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Uhuru if he wanted BBI would have crossed all the Ts and dotted all the I from ab initio. He committed unforced errors all through with almost the intention to provoke this kind of ruling as justification to bring an end to BBI/Handshake at the appropriate time.
BBI as popular initiative is completely damaged. It cannot be rescued. It was almost designed to fail by the same AG - and Uhuru - so their appeal is a time-wasting ploy to buy off opposition support for another one year.
2) He should tell Uhuru to use parliamentary initiative - having proven they can get 2/3 on both houses - on new BBI like proposals. As long as they stay clear on basic structure - they can still get about 80% of BBI to pass.
All it takes is for one Mp draft a constitutional amendment bill - and get a date (Kimunya-Speaker-Mbadi) can arrange that - and for it to go through the motions. 1st reading will require 3 months. So give and take - public participation - this can be done in six months - just before next year.
Obviously pulling 2/3 when Ruto engages will be a lot harder....Ruto had disengaged knowing BBI was DOA...but with parliamentary initiative it will be a lot harder.
3) Finally prepare for 2022 election:) - UDA seem the only party aware that we have 2022 - and are doing party registration, meeting party members nationally, and the hard work on laying the infrastructure. After party registration - UDA will definitely go for grassroots elections. Raila should be busy with ODM national elections - that only way to re-invigorate the party - and to weed off dead woods.
4) Raila's best bet in 2022 is to aim for no 2 and deny Ruto the first-round victory. To become No 2 - you'll need at least 30% of the vote. Raila support has shrunken to less than 20%.