FEATURE

Who is Isaac Aluochier? Education, Career, BBI Appeal

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Isaac Aluochier giving his submissions on BBI Appeal

Isaac Aluochier is an arbitrator and adjudicator with experience in both Alternative Dispute Resolution (ADR) and litigation cases. He specializes in Constitution, employment, family law, land, politics and succession.

He has vast knowledge and experience having worked in the field in Kenya since 2012.

Aluochier shot to fame during the hearing of the Building Bridges Initiatives (BBI) case in the Court of Appeal on July 3, 2021.

Background & Education.

Aluochier hails from Rongo Sub-County, Migori County.

DATA on his LinkedIn profile shows he went to Strathmore College between 1979 and 1984. He then joined the University of Reading, UK in 1985. He graduated in 1988 with a Bachelor of Science degree in Quantity Surveying.

Aluochier obtained a MSc in Project Management from Cranfield University, UK. where he studied from between 1991 and 1992.

Career

The litigant has worked as a proprietor in Kenya since 2001, specializing in disputes adjudication and claims Consultancy.

Aluochier boasts of vast experiences being an arbitrator, adjudicator, effective manager, consultant and incisive analyst focusing on construction disputes resolution, construction claims resolution, and employment disputes resolution.

He also handles family disputes resolution, litigation, construction project management, construction financial management, financial trading and investment fund management.

He boasts of skills in the legal, construction, financial services, and human relations. These he got while working in Kenya and UK in over two decades.

Isaac Aluochier giving his submissions on BBI Appeal

BBI Appeal 

Aluochier was one of the petitioners of the BBI case. He made his submissions before the Court of Appeal on the final day of the hearing, July 2.

In his petition, he expressed his concerns over President Uhuru Kenyatta’s repeated contempt of court.

The lawyer argued that the Head of State subverted the Constitution by constituting the BBI steering committee. He also argued that Kenyatta acted as the president in issuing a gazette notice to that effect.

Aluochier told the court that President Kenyatta is not an ordinary citizen. This means he was not easily accessible to receive court papers.

“There is no authority granted by the Constitution to the President to establish an organistion or an entity that deals with the Constitution change, that is an act of Parliament. He was acting beyond his jurisdiction…consequently, he was not performing official presidential functions, he was performing his private business.

“When the president was touring in the company of Senior Council Senator James Orengo, he was saying, watanipata wapi wanipatie makaratasi zao za kortini, watanipata wapi (where will they get me to serve me with court papers)” of course, if you go and barricade yourself in State House, an ordinary Kenyan like myself, I cannot penetrate because the security is going to stop me,” he said.

Aluochier said that President Kenyatta had on several occasions subverted Chapter 6 of the Constitution. He alleged that he also did so while he was Deputy Prime Minister in 2012.

“Appellant Uhuru knows these things. It’s not that he doesn’t know, it’s only that he plays hardball. That’s basically what he is doing…I am not surprised that he is behaving this way because that is his nature,” he told the court.

Dress Down on President Uhuru Kenyatta

Aluochier stated that the Head of State is an employee of Kenyans, who delegated power to him.

“President Uhuru Kenyatta is our employee, we are the ones paying his salary. We are the ones appointing him. We are the ones delegating our powers to him. He is our employee, maybe our most senior employee but our employee and when he goes off the rails, we come here to discipline him,” he stated.

“We just wanted to drive on one point, appellant Uhuru, as the President of this country, please obey the law. Stop disregarding this Katiba of ours, especially when you are the number one citizen of this country.

“You took the oath to obey, respect, uphold, and defend this Constitution of Kenya. And you are not doing it. Instead, you are the one leading the process of amending and tearing apart this Katiba of ours, and these are the things that annoy me as a Kenyan,” he concluded.


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