BBI appeal hearing: President Kenyatta's lawyers maintain he is immune from prosecution
The team that sunk the Constitutional review
process is asking the Supreme Court to endorse the rejection of the process.
The activists who scuttled the Building
Bridges Initiative (BBI) are asking the Supreme Court to uphold the Court of Appeal
verdict that declared the Constitution review process unconstitutional.
They want the Supreme Court bench to stand
firm against any executive machinations to breathe life back into the process.
Day 2 of the BBI hearing on Wednesday served
as a launch pad for those opposed to the process to attempt a final push to sink
the exercise in its entirety.
“You are better off
dying standing than living kneeling, do not be forced to kneel to the caprice
and the oppression of those who find the Constitution as an inconvenience,”
said lawyer Nelson Havi.
The Court of Appeal declared the BBI constitution
review process as unconstitutional, null and void.
President Uhuru Kenyatta, through his lawyer,
stood firm saying he enjoys absolute immunity.
Through advocate Waweru Gatonye, the
president said he was shielded from any legal proceedings to allow him execute
his mandate without distractions.
“If it was allowed
for every Tom, Dick and Harry to file suits against the president, it would
distract him from performing the more important duties of running the State,”
stated advocate Gatonye, a position that was immediately
challenged.
“You can only sue
the Attorney General through judicial review procedure for actions done by the
president in the name of government…if the president is involved in gross violation
of the laws of the State…there is that possibility of initiating impeachment
proceedings against the president,” added Gatonye.
Havi however said: “The
president is not a kng; the president of Kenya is not a pharaoh. The president
is a servant of the people of Kenya, he exercises delegated executive power and
he must be brought to check if he veers off.”
The president’s role in the referendum drive
came into sharp focus with the bench backing proponents of the review exercise
into a corner.
“Did President Uhuru Kenyatta initiate this
popular initiative or another entity by his own actions initiated the popular
initiative?” Posed Justice Isaac Lenaola.
The hearing concludes on Thursday before the
Supreme Court bench retreats to write its verdict.
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