Deported opposition activist Miguna Miguna has once again tackled the legal team representing President Uhuru Kenyatta and ODM party leader Raila Odinga in the BBI appeal case.
Taking to social media, Miguna laid down the grounds that the appeal must meet for it to have any chance to succeed on a day that saw the top legal brains in the country called to task.
“For the frivolous appeal to succeed, Lawyers like James Orengo, Ken Ogeto, Paul Mwangi and George Oraro must demonstrate that the Constitutional Court made PALPABLE and OVERRIDING ERRORS in exercise of their discretion, evaluation of evidence and application of legal principles.” Miguna wrote.
The self-declared opposition activist also had a few words of wisdom for lawyer George Oraro writing:
To George Oraro & Company: A university student’s THESIS is not a legal “authority” any credible lawyer cites to PROVE or DISPROVE a position or explain an issue in court. A thesis does not guide a court. Next time, cite PROPER CASES and AUTHORITATIVE CONSTITUTIONAL literature.
Earlier in the day, Solicitor General Kennedy Ogeto told the seven-judge bench hearing the BBI appeal case that the 5 judge High Court judges who declared the Building Bridges Initiative as null and void relied on Wikipedia as an authority to make their ruling.
“They claimed that popular initiatives are anti-government – this was their finding. And for this regrettable claim, they relied on Wikipedia. They resorted to Wikipedia as an authority.
“Wikipedia describes itself that it is a free encyclopedia that anyone can edit – it is manipulated and cannot be relied on as a source,” Ogeto stated.