Don't Hear the President Until He Learns to Respect Court Orders, Lawyer Khaminwa Tells Judges

– John Khaminwa is appearing for the Kenya Human Rights Commission and Kituo Cha Sheria in the BBI appeal case

– Human Rights Commission and Kituo Cha Sheria are among the respondents in the Building Bridges Initiative amendment bill case

– Justices Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule, who sought appellate court positions, were left out in Uhuru’s June 3 appointments

The hearing of the Building Bridges Initiative (BBI) appeal case entered its fourth day on Friday, July 2, with Senior Counsel John Khaminwa urging the seven-judge bench presiding over the matter to dismiss President

Uhuru Kenyatta’s case.

Lawyer John Khaminwa has pleaded with Court of Appeal judges not to

hear President Uhuru Kenyatta's (pictured) case until he learns to respect court orders. State House, Kenya.

Khaminwa appearing for the Kenya Human Rights Commission and Kituo Cha Sheria, argued that Uhuru had shown disrespect to judges and courts.

Failure to appoint four judges

The senior counsel took issue with the head of state to appoint the judges nominated by the Judicial Service Commission (JSC).

Justices Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule,who sought appellate court positions, were left out in Uhuru’s June 3 appointments.

''The president has filed an application, and I am appealing to you very honestly, my Lord, that you do not take note of the application that he

has made before you at all. While Uhuru was in Kisumu, he made certain remarks about judges. Uhuru has failed to get two judges involved in this case in the High Court to be sworn in. 

Appeal judges,'' said Khaminwa.

A pair of clean hands

Khaminwa said that Uhuru had not come to the court with clean hands.''When you come to court, you must come with clean hands. But,

unfortunately, the president has not come to this court with clean hands at all, and I am humbly asking that you borrow a leaf from South

Africa, borrow a leaf from India and Pakistan and say to him, no, we shall not hear you,'' he explained.

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He said that there is a need for the orders made by the Court of Appeal to stand.

''My Lord, it is my humble submission that when you are coming before a court, you cannot despise a judge, and at the same time, you appear before that judge and expect that judge to give you orders at all,''Khaminwa said.

Instilling confidence in the judiciary Khaminwa observed that whenever lawyers appear before a court , they come with tremendous humility, speak politely to the judges and praise

them.

''But, unfortunately, all these virtues that we extend to the court are not for you. So, personally, it is for the good of the entire country of Kenya

to get our people to continue having confidence in the judiciary and the administration of judges,'' he explained.

He told the bench not to hear Uhuru and raise his complaints in other courts and not the Court of Appeal.

''When you have a president who is not obeying court orders when you have a president who is demeaning the judges before the public, this

court must stand firm and say to him, no, we shall not hear you, we shall not give you orders at all,'' said Khaminwa.