Supreme Court Judge Justice Smokin Wanjala on Thursday, March 31 revealed moments when the bench was under intense pressure during the Building Bridges Initiative (BBI) case.
While breaking the ice after issuing his judgement on the seven clauses, Justice Wanjala noted that they received pressure from BBI supporters and opponents from the moment the hearings began.
He revealed that while making submissions, the lawyers, both green and those with years of experience made great arguments.
" I found myself having to endure the perorations of counsel, some of them experience and those senior in their years. It was such a moment when the basics of a basic structure were basically spewed unto us with such aplomb hitherto unseen during the hearing of a presidential petition.
"We were reminded that our colleagues at the High Court had built a foundation and those at the Court of Appeal had constructed a wall upon it. And that now it was our turn to paint that wall but we were not told which colours to use," he narrated.
Justice Wanjala noted that the apex Court was challenged to 'roar' as it asserted the supremacy of the constitution. He told the court that at the time, he could only sum up the roar in him amid the ongoing political activity in the country.
"At that moment, I could not help but cringe for the sound of the roar of a lion stirred in me images of the terrifying language so beloved by our politicians. The language of tsunamis, earthquakes, volcanos and thunder," he chided.
However, he noted that his experience in the 2017 presidential petition gave him the 'courage' to go on.
Dr. Wanjala noted that the popularity of a matter in court or lack of the same would not compromise the integrity of the court to uphold the law.
He argued that the sovereign power of the people has been delegated to the Court by the constitution, and as judges, they have every reason not to let Kenyans down.
"To dishonestly exercise that delegated power and to close our eyes to constitutional violations would be a dereliction of duty and we refuse to accept the invitation to do so, however popular that invitation may seem.
"Therefore, however burdensome, let the Majesty of the constitution reverberate across the lengths and breadth of our motherland. Let it bubble from our rivers and oceans.
"Let it boomerang from our hills and mountains, and to those who bear the responsibility of leadership, let it be a constant irritant. I say no more," the judge signed out.
