BBI appeal hearing: President Kenyatta's lawyers maintain he is immune from prosecution

  • Activists who scuttled BBI are asking the Supreme Court to uphold the Court of Appeal verdict.
  • 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.

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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