BBI taskforce Secretary Paul Mwangi now claims that Thirdway Alliance lawyers Mutuma and Mutuma Advocates are being used by someone to block the withdrawal of the BBI petition.
Two weeks ago, Thirdway Alliance wrote to their lawyer asking him to formally withdraw their BBI petition from court because it was no longer sustainable.
However, speaking to the press Lawyer Elias Mutuma said he had not received the said letter that had been doing rounds online.
Mwangi who also represents former PM Raila Odinga in the case has accused the law firm of conspiring with an outsider who is not party to the case to make sure that the case is not withdrawn.
In an email to the law firm, Mwangi says they are being used by other people other than Thirdway in the matter.
“We have reached the conclusion that there is a “super petitioner” against BBI whose instruction are pre-eminent to those of Thirdway alliance and in conspiracy with whom you are now involved in preventing the course of justice” the letter reads in part.
Mwangi says on February they received a copy of an email from Thirdway to Mutuma instructing him to withdraw the case immediately and the next day they were served with several documents relating to them same.
These included an acknowledgement of receipt of instructions to withdraw the petition from Mutuma and a resolution from Thirdway to withdraw the case.
Mwangi says on February 13 they had watched Third way officials on national televisions announcing that they will be withdrawing the petition.
“You can imagine our bewilderment when we received an email from you saying that the withdrawal of the petition had been brought to your attention and ‘that there is a notice going round’.
Mwangi further says that in the said email, Mutuma claimed there was no such notice that had been filed in court.Thirdway have insisted they wrote the notice and have intention of withdrawing the matter from court.
The party had obtained orders from a five judge bench barring the IEBC from submitting the BBI to counties for deliberation.
However by the time the order was issued the commission had already submitted the bill to the county assemblies.
Thirdway says they decided to withdraw the case because the most important prayers have been overtaken by evens
