Khaminwa urges court to dismiss President Uhuru’s case for demeaning judges
Senior Councel and veteran Dr. John Khaminwa has urged the Court of Appeal to dismiss President Uhuru Kenyatta’s case for what he termed demeaning the court and judges.
In his submission to a seven-judge bench hearing Khaminwa told the court that the President has not come to the court with clean hands, therefore the court must refuse to hear him for deliberately refusing to swear in the six judges.
Appearing for the Kenya Human Rights Commission (KHRC) and Kituo Cha Sheria, he said it was double-standard from the President to mistreat judges seconded to the appellate court and at the same time appear before their would-be colleagues to hear him.
“If you have a president who demeans judges and disobey court orders, the court must stand its ground and say no to him,” he said.
Citing the Kisumu situation, he argued that the President failed to promote two High Court judges who nullified the BBI.
“While he was at Kisumu, he made certain remarks about judges. My Lord, he has failed to promote High Court judges who nullified the BBI (Justices Joel Ngugi and George Odunga). When you come to the court you must come with clean hands, the president has not come to this court with clean hands at all,” Khaminwa argued.
He said the Constitution has limits, and that “whatever problems we have in this country have absolutely nothing to do with the Constitution, they have nothing to do with law, they have something to do with ourselves, and particularly to the political class.”
Khaminwa told the court that the High Court judges acted in good faith when they declared the BBI process unlawful, maintaining that there is no justification to amend the current Constitution.
Further, he said that the country doesn’t have selfless politicians rather it has jobseekers.
“As a country we have been very unfortunate. We have not had selfless politicians at all. Most of them are jobseekers, they stand absolutely for nothing,” he said.
