Today, being the final day of submissions at the court of appeal, the defense team are trying very hard to make sure that the ruling made by the high court on the Building Bridges Initiatives, commonly known as BBI is not overturn. According to senior council Dr John Khaminiwa, he submitted that, the president of the republic of Kenya having ignored most of the court orders should never be entertain. He further give examples on some of the orders that the president did not honour, one of them being the issue of appointment of judges,these includes;Justice Odunga and his colleague Justice Ngugi who were supposed to be among the judges at the court of appeal among others. Dr. Khaminiwa criticized very heavily how the president is taking back the country to old days. According to him, since the president of the republic of Kenya is not respecting the orders made by the courts, the court should never hear any of his cases. He said that the president should seek justice elsewhere if he doesn't respect the orders made by the same Kenya courts he is seeking justice from.
On the other hand, senior council Kadzacha submitted that, there is no where in 2010 constitution which gives power the President of the republic of Kenya to amend the constitution. He cited all the powers and mandates of the president as provided in the 2010 constitution.
Following this submissions, it is evident that the judges of the court of appeal will have a difficult time in overturning the judgement made by the high court.
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