Expert Opinion: Kivutha Kibwana’s Reference For Advisory Opinion Is Incompetent, Frivolous, Absurd And An Abuse Of Legal Process

On Monday, 30th November, 2020, the Governor of Makueni Prof. Kivutha Kibwana released a press statement announcing that Makueni County Government had moved to the Supreme Court of Kenya to seek for an Advisory Opinion on matters relating to the Constitutionality of the BBI process.

Although I do not have the benefit of having seen the entire reference, relying on the information in the media statement, as a lawyer and patriot, and without prejudice to the expected proceedings at the Supreme Court, I find it necessary to analyse Prof. Kibwana’s intended reference for the benefit of ordinary Kenyans and lay persons in law.

Among those present at the service include Makueni Governor Kivutha Kibwana and ex-Nairobi Governor Evans Kidero.
Kivutha Kibwana greets DP Ruto at a past event. Image/Courtesy

My analysis is intended to enlighten Kenyans, and deconstruct Prof. Kibwana’s convoluted and warped thinking and set the record straight.

I am apprehensive that, if unchallenged in the court of public opinion, where it has widely been circulated, Kenyan’s are likely to be lured to belief that Kibwana, being a law Professor, is right, hence sway their opinion negatively against BBI.

In my respectful view, the reasons advanced in support of the reference for advisory opinion are myopic, shallow and do not meet the threshold of a matter to be considered by the Apex Court in Kenya.

It is expected that an applicant for an advisory opinion should have clean hands, honest intentions and should be doing so for the purpose of the development of the law and jurisprudence. Far from the above expectations, in this case, Prof. Kibwana has publicly declared his opposition to the BBI process hence has a vested interest to derail and or defeat the process.

Read the rest of the Expert Opinion Herein


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