Solicitor Ogeto accuses judges of personal vendetta against President Uhuru
The contentious Building Bridges Initiative (BBI) appeal case has began in a charged session as Solicitor General Ken Ogeto has accused Constitutional Court judges of personal vendetta against President Uhuru Kenyatta.
In his submission to the seven-judge bench, Ogeto said nothing in the constitution prevents the president from originating an amendment proposal to the constitution.
“…The learned judges, it seems were keen on very personalized attacks on the president. To them facts and law did not matter,” he said.
According to him, the constitution has no place for the application of the basic structure doctrine.
He added that Chapter 16 of the constitution provides that it may be amended whether through parliamentary initiative or popular initiative.
He argued that there was never an intention to make certain parts of the Constitution unamendable as the High Court had ruled.
Ogeto dismissed the section of the ruling that states that the popular initiative mechanism is exclusively available to the private citizen as opposed to a state organ or his excellency the President.
He said that holding by the judges has disenfranchised nearly four million registered voters under the pretext to nullify alleged unconstitutional acts by the President.
Further, Ogeto implored Court of Appeal to uphold BBI.
Ogeto assisted by lawyers George Oraro, Paul Nyamodi,Kamau Karori and Ken Nyakundi is leading the Attorney General legal team.
A seven-judge bench led by Court of Appeal president Daniel Musinga began hearing the cases challenging the nullification of the BBI today.
The high-stake case is being heard even after the electoral body, Independent Electoral and Boundaries Commission (IEBC) said delimitation of new constituencies cannot be done before next year’s general elections.
The judges hearing the appeal are; Justice Daniel Musinga (Presiding Judge and President of the Court of Appeal), Justice Roselyn Nambuye, Justice Hannah Okwengu, Justice Patrick Kiage, Justice Gatembu Kairu, Justice Fatuma Sichale, Justice Francis Tuiyott.
