Isaac Aluochier is an arbitrator and adjudicator with experience in both Alternative Dispute Resolution (ADR) and litigation cases covering: Constitution, employment, family law, land, politics and succession.
He has vast knowledge and experience having worked in the field in Kenya since 2012.
Aluochier attracted national attention during the hearing of the Building Bridges Initiatives (BBI) case in the Court of Appeal on July 3, 2021.
Whownskenya.com in this segment, delves into the lawyers background, education, and career.
Background & Education.
Aluochier hails from Rongo Sub-County, Migori County.
According to his LinkedIn profile, the litigant attended Strathmore College between 1979 and 1984. He proceeded to join the University of Reading, UK in 1985 and graduated in 1988 with a Bachelor of Science degree in Quantity Surveying.
Aluochier holds a MSc in Project Management from Cranfield University, UK. He attended the institution between 1991 and 1992.
Career
The lawyer has worked as a proprietor in Kenya since 2001, specialising in disputes adjudication and claims Consultancy.
Aluochier has vast experience as 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 has developed his skills in the legal, construction, financial services, and human relations in over two decades of working in Kenya and the UK.
BBI Appeal
Aluochier was one of the petitioners of the BBI case and 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 and issuing a gazette notice stating that he had acted in his capacity as president.
Aluochier told the court that President Kenyatta is not an ordinary citizen, and thus not easily accessible to be served with 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 that President Kenyatta had on several occasions subverted Chapter 6 of the Constitution, alleging 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.
“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.
