A strongly worded speech by President Uhuru Kenyatta targeting legislatures has come back to haunt him in the BBI appeal case where he is on the same side with Siaya Senator James Orengo.
In the speech relayed during the Jamhuri celebrations in 2019, the president argued that it was not fair for elected leaders, both at the county and national level, to practice law whether or not for gain.
"Fellow Kenyans, is it fair? is it right? for legislators who have control over funds and exercise oversight over the judiciary to appear in court as counsel?
"Is it fair on the judicial officer hearing the case or other parties that one party in the case is represented by persons who can literally change the law applicable to the dispute, control the career progression of the judge or magistrate?" the president posed.
Two years later, however, in the BBI appeal case, President Uhuru Kenyatta has placed his confidence in Orengo, an elected leader, to win the BBI case in the court of appeal.
This is after a five-bench judge in the High Court declared the constitutional amendments null and void.
"What is before us we will sort out, I am sure. If we have lawyers like Senator Orengo, can we be defeated really?" he posed while addressing Kisumu residents at Wangai market in Gem constituency.
"BBI is not helping Raila and his family. BBI is not helping Uhuru. It is for bringing justice for every Kenyan. And that is what I am pleading with you, please come out and support it," he continued.
Orengo is acting for ODM Leader Raila Odinga, alongside Paul Mwangi and others, in the high stakes case.
During the Madaraka day celebrations, the Head of State accused the judiciary of frustrating his regime.
He gave examples of the nullification of his Presidential election win in 2017 and the attempt to stop the will of the people as expressed through BBI.
"The Judiciary has tested our constitutional limits, but not broken them. We must follow the Rule of Law and obey the decisions of the courts but the sovereign and supreme voice of the People of Kenya must also be followed. And that is why our National Conversation today must focus on the Burden of Choice."
