84-year-old veteran lawyer John Khaminwa presented his evidence against President Uhuru Kenyatta in a hilarious way that saw the Court of Appeal break into laughter several times.
On Friday, July 2, Khaminwa argued that President Uhuru Kenyatta violated the law by unconstitutionally attempting to amend the Constitution.
However, before tabling his evidence, the Senior Counsel argued that the head of state had already disrespected the courts prior to filing the appeal against the High Court which nullified the BBI.
Khaminwa referred to Uhuru's refusal to appoint six judges to the Court of Appeal and his Madaraka Day remarks targeting the Judiciary. Uhuru on June 1 stated that “From nullification of a presidential election in 2017 to an attempt to stop the will of the people as expressed through BBI, the Judiciary has tested our constitutional limits.”
Citing the two situations, Khaminwa urged the court to turn its face against the head of state.
"The President of the Republic of Kenya has filed an application and I am inviting you very respectfully, My Lords, that you do not take note of the application at all.
"While he was at Kisumu, he made certain remarks about judges. My Lord, he has failed to promote two 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 noted that Uhuru had also violated other laws but refusing to swear-in judges was an atrocity before the court as one cannot despise a judge and expect the same individual to execute justice for him.
The 84-year-old attorney lamented that the country has a rotten history of Constitutional violation stemming from the post-colonial era.
"As a country, we have been unfortunate. We have not had selfless politicians. The crop of our politicians is very poor. Most of them are job seekers. They stand for absolutely nothing.
"All that they are doing is looking for a political office. The only notable selfless politicians I know are the late Wangari Maathai and Kenneth Matiba," he tore into the current leaders seemingly targeting Uhuru's camp represented by Rarieda MP Otiende Amollo and Siaya Senator James Orengo.
Khaminwa urged the courts to demonstrate to the Citizens that they are independent and can be trusted as Uhuru had clearly undermined their powers.
"Uphold the judgement of the High Court and improve on it," Khaminwa opposed the BBI appeal.
