Wednesday, June 30: A power blackout interrupted the Building Building Initiative (BBI) appeal hearing forcing the seven-judge bench to adjourn early.
The session was cut short after lawyer Njoki Mboce had made her submissions.
Court President Daniel Masinga later announced that the backup generator had a technical breakdown - forcing the session to be adjourned to tomorrow, Thursday, July 1.
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Lawyer Moses Kipkogei had a humorous exchange with Court of Appeal President Daniel Musinga during his submission which led to uncontrollable laughter from the judges otherwise known for their stern approach to work.
The lawyer, who is part of the legal team representing the Independent Electoral and Boundaries Commission (IEBC), opposed the initial ruling by the High Court which had declared that the IEBC lacked the quorum to carry out its functions.
Kipkogei was invited by his counterpart Eric Gumbo to complete the submissions made during the final fifteen minutes of his argument.
He was able to make his submissions in 14 and a half minutes and proceeded to humorously donate thirty seconds to the court - prompting laughter from the justices.
"My Lord that finding does exist where the superior court stated that amendments to Article 89 are unamendable. That will be all my Lord, I will donate the last 30 seconds to the court," Kipkogei stated which led to uncontrollable laughter from the bench.
"Thank you for your generosity counsel," a clearly amused Justice Musinga replied.
The Court of Appeal process has been full of intrigues with both camps waging a legal battle in pursuit of victory.
The lawyer representing President Uhuru Kenyatta and the government came out guns blazing on day one of the hearing, accusing the High Court judges of basing their ruling on Wikipedia.
Further, Siaya Senator and Senior Counsel James Orengo alleged that the High Court judges misinterpreted the intricate details of the case which led to a wrong ruling.
Rarieda MP Otiende Amollo also launched an attack on the said judges arguing that their ruling left more questions than answers.
The case is slated to end on Friday, July 2 whereby the seven-judge bench of the Court of Appeal will make a final ruling of the BBI.
