President Uhuru Kenyatta has made his case against the decision by the High Court to declare the Building Bridges Initiative (BBI) process null and void.
President Kenyatta is categorical that the determination by the Learned Judges lacked foundation. The judges acted contrary to the rules of natural justice by making a decision adversely affecting him yet he was not a party to the proceedings.
“The Learned Judges erred in fact and in law by failing to find that the Appellant (President Uhuru Kenyatta), although named as a party to the suit, was not or ceased to be a party to the subsequent proceedings in the suit made by the election of the respondents in the petition,” he said.
The President further indicated that that they denied him a fair hearing and thus the five judges violated article 50 of the Constitution, to a higher degree.
By denying him equal protection and equal benefits of the law, in fact, President Kenyatta reiterates to the Appellate Court that the judges contravened the law of the land.
“The learned judges erred in law and in fact in finding that there was a preliminary issue to be determined as to whether the Appellant can be sued in his personal capacity and not as the President of the Republic of Kenya,” President Kenyatta told the Court in his appeal.
The Head of State insists that the suit that had been launched against him by those opposed to the BBI had been abandoned and ceased to exist prior to the commencement of the proceedings that led to the invalidation of the BBI process, while expressing dismay over a decision by the judges to put him at the center of the petition.
“There was no issue to be determined in the case or petition between the Appellant and any respondents in this appeal as framed in part 3 of the judgment,” he said.
He also wonders why the judges proceeded to hear and determined issues, which he says, had already been dispensed with by a competent court of concurrent jurisdiction.
What’s more, he laments the decision by the High Court to introduce matters that appear to question his integrity by virtue of the BBI process.
“The judges erred in making a declaration that the Appellant has contravened Chapter Six of the Constitution…by initiating and promoting a constitutional process,” The President stated in the appeal.
Uhuru also noted that the judges failed to appreciate the extent of the constitutional doctrine of Presidential immunity granted by Article 143.
He vehemently faulted the finding by the judges indicating that as President, he (Uhuru Kenyatta) can be sued in a civil court in his personal capacity during his tenure in office.
On Wednesday the Court of Appeal will hold a Case Management Conference which will determine the direction of the appeal by the Head of State comes at a time the country awaits the way forward on the BBI process.
Including the viability of hearing the substantive appeals, the length of submissions to be filed, the amount of time required for parties to prepare and exchange submissions as well as the logistical issues relating to the hearing of the applications/appeals, the conference shall provide an opportunity for the court to issue appropriate directions on various issues.
