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Khaminwa (pictured) submitted that the Head of State cannot expect to be accorded justice in the BBI appeal case yet he has on numerous occasions failed to comply with court orders/XINHUA FILE


Uhuru coming to equity with unclean hands: Khaminwa tells CoA

NAIROBI, Kenya July 2 – Lawyer John Khaminwa has pleaded with the seven-judge bench of the Court of Appeal to dismiss a petition by President Uhuru Kenyatta contesting the Constitutional Court ruling on Building Bridges Initiative (BBI) on grounds that he has been disrespectful to the courts.

Khaminwa submitted that the Head of State cannot expect to be accorded justice in the BBI appeal case yet he has on numerous occasions failed to comply with court orders.

The seasoned lawyer in particular took issue with the Head of State’s refusal to appoint six judges including two to the Court of Appeal who coincidentally dismissed the BBI process and termed it unconstitutional, null and void.

Justices Professor Joel Ngugi and George Odunga had been recommended by the Judicial Service Commission for elevation to the Court of Appeal.

“The orders that were made by the Court of Appeal must stand. He has deliberately refused to swear-in judges. It is my humble submission that when one is coming before a court, you cannot despise a judge and at the same time appear before one and expect that judge to give you orders,” he said.

He added: “When you have a President who is demeaning judges before the public, this court must stand firm and say to him no we shall not here you,”.

Khaminwa stressed that those who appear before the courts should do so by “clean hands” and accused the President of not having clean hands.

“When we appear before your lordships we come with tremendous humility, we speak politely to you, we praise you.
That praising and humility and that courtesy that we extend to the court is not for you personally but for the good of the entire country to get our people to continue to have confidence in our Judiciary and in the administration of justice in our country,” he said.

Chief Justice Martha Koome has since formed a three-judge bench that is set to hear and determine two petitions challenging President Kenyatta’s refusal to appoint the six judges.

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President Uhuru Kenyatta appointed 34 judges out of 41 who were recommended by the Judicial Service Commission (JSC) for appointment, citing intelligence reports indicting them on a number of issues which he did not disclose.

The six left out are Justice Aggrey Muchelule, Weldon Korir, George Odunga, Prof Joel Ngugi, Mombasa chief Magistrate Charles Kinango and High Court Registrar Judy Omange.

The decision by the president to leave out the six has been challenged by the two petitioners who argued that the president acted unconstitutionally and in a biased manner by rejecting the nominees.

High Court judge James Makau issued an order stopping the formation of a Tribunal to investigate the six.

In his ruling, the judge further halted any investigations arising from the decision of the president pending hearing and determination of the petitions.

President Kenyatta has been constant in criticizing the courts with his recent outburst fueled by the BBI ruling which was issued by the High Court.

Through his lawyers at the Court of Appeal, the Head of State wants among other things the court to validate the BBI process and safeguard the immunity of a sitting President.


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