Terminator:
Kay is not "lying". A lawyer will sometimes find it convenient to just take whatever the client offers and not ask too much. That way, they can assure the court that it is all "the complete and total truth ... to the best of my knowledge". And that too is why even when a person is obviously as guilty as sin, the lawyer can say that "I have talked to him at length, and, from everything I know, he is absolutely innocent".
Kay is no idiot, although his application was so lame that, contrary to what people think, Bensouda did not actually oppose it. But it was inevitable that Uhuru would try, and don't forget that Kay charges by the "billable hour". A QC, highly regarded in such law ... estimate the billable-hour rate. And don't forget that in order to have Kay ready to respond quickly, Uhuru is paying a hefty chunk of what you Americans call a "retainer fee". And actually that's not even the half of it.
Kay is not the problem, Githu Muigai is:
The partial dissent in the decision (read the Annex) makes a great deal of sense, and, ordinarily most folks would agree with that. I certainly do. The real problem is that the Kenyan AG has really poisoned the atmosphere, continually performing as though the judges were a bunch of stupid kids. What does one expect when the judges are asked, essentially, to use "discretionary" power?
So will The Prince show up? I don't know. But my guess is that, unless he can come up with a "national emergency", he will. The local riff-raff (including the AU) will no doubt tell him to ignore the directive; but I'm certain that Kay will strongly advise him to show up, and he would be a fool to ignore such advice.
Kay knew quite well that his lame, half-baked request (take a look at it!) would be rejected. And the judges knew that (a) he would make the request and (b) they would reject it. And Kay knew that they knew. All that was obvious. What is also obvious is that the judges have already considered what actions they will take if Uhuru (minus a "national emergency") defies them. And Kay too knows that. So do we all, if we get beyond AU banana-republic noises and look at the chess-game.