Having watched and listened to lawyers in the post August 8 election period, I am convinced they don't deserve the hallowed 'learned friend' title. Not because they are unschooled, but because they come through as bemused. How else can one explain the fact that lawyers read the same clauses, sections, subsections of the Constitution and each sees different things from an exact set of words?
Today, the twin issues of secession and swearing-in of a people’s assembly president, whether legit or otherwise, have our lawyers undecided. The understanding of the law by the man who has earned the sobriquet 'amicus curiae' and pro-Jubilee lawyers on the matter of secession is markedly different from the understanding by NASA lawyers. After clarification by law professor Makau Mutua, it turns out that as much as Jubilee says secession is illegal, it is not, and that the Kenyan Constitution does not envision a crime called ‘high treason’. By simple logic therefore, the prof argues that what is not explicitly barred by law is legit.