Seem he has focused not on the merit of the case - but on the character of the individual judges. He also ignores this was no ordinary high court - but the constitutional court of 5 judges that unanimously found BBI null and void.
And then self-interest/self-preservation kicks in.
The ENTIRE judiciary is united in its opposition to BBI. The rest are really details. No judge or magistrate wants a more powerful JSC or Ombudsman. It takes away their security of tenure, peace of mind, independence, and all that. And most of them are corrupt - so why would they give the executive's Ombudsman a rope to hang them.
Which judge will want to be getting calls from Statehouse Moi's style to rule this way or that way - or have the Ombudsman DCI on them - like Governors who have been turned into little executive pussies - worse than District Commissioner.