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AG Kihara on the spot over procurement of private law firms in BBI case

The Attorney General Kihara Kariuki is on the spot over using private law firms in the Building Bridges Initiative (BBI) case.

The AG used a team of twelve lawyers led by Senior Counsel George Oraro and Solicitor General Kennedy Ogeto to overturn the decision of the High Court on BBI.

In a statement, Murang’a Senator Irungu Kang’ata has questioned why the AG’s office used private lawyers and firms to represent the government in the case.

“I rise to seek a statement from the standing committee on JLAC regarding the appointment of private law firms to represent the government in the BBI case and payments made to them for the services rendered,” he said.

The ally of Deputy President William Ruto, wants the House Justice, Legal Affairs and Human Rights Committee to establish the reasons and provide evidence that appointment of the advocates met the requirements of the law.

He also wants the committee to explain the reasons for appointment of private firms.

Further, he is also seeking information on the amount of money paid to the lawyers for the services they rendered.

“The committee should provide information on the payment made for services
rendered,” he said.

Other lawyers in the team were Kamau Karori, Paul Nyamodi, Donald Kipkorir,
Emmanuel Bitta and Samuel Ogoso.

President Uhuru Kenyatta also assembled a 12-member legal team, led by Senior
Counsel Waweru Gatonye.

The Court had ruled the BBI process as illegal, unconstitutional, null and void.

The judgment, in which the second-highest court was heavily critical of President Kenyatta and the Independent Electoral and Boundaries Commission (IEBC), stated that the BBI Bill was unconstitutional and usurped the people’s sovereign power.

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The seven-judge bench also issued a permanent injunction restraining the IEBC from processing the Bill or subjecting it to a referendum. The Bill had already been approved by parliament.

The judges also upheld the High Court’s finding that the President has no authority to promote amendment of the Constitution through a popular Initiative and that he can be sued with respect to his actions or omissions in the Constitution.

 

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