MUSINGA SWEARING-IN

Havi tells Uhuru to stop 'endemic violation' of law over six judges

Havi tells Uhuru to stop 'endemic violation' of law over six judges

In Summary

• Havi urged Musinga not to bend to coercion from the Executive, adding he should protect the reputation of the Appellate court.

• He said the quality of judgements and rulings at the court had dwindled in the last 10 years.

Law Society of Kenya president Nelson Havi addresses attendees at the swearing in ceremony Appeals court Daniel Musinga at the Supreme Court on June11,.2021.
Law Society of Kenya president Nelson Havi addresses attendees at the swearing in ceremony Appeals court Daniel Musinga at the Supreme Court on June11,.2021.
Image: EZEKIEL AMING'A

LSK President Nelson Havi has reiterated that the remaining four judges of the Court of Appeal must be gazetted and sworn-in. 

He said President Uhuru Kenyatta should not subject the Judiciary and the people of Kenya to his "endemic violation of the Constitution".

Havi spoke on Friday, during the swearing-in of Daniel Musinga as the Court of Appeal president.

He took over from William Ouko, who was appointed a judge of the Supreme Court.

Havi urged Musinga not to bend to coercion from the Executive, adding he should protect the reputation of the Appellate court.

Havi declined to congratulate Musinga for having been elected to serve as President of the court. He instead asked him to "be prepared to offer your blood, toil, tears, and sweat" as did Winston Churchill on May 13, 1940 upon appointment as British Prime Minister.

He said the quality of judgements and rulings at the court had dwindled in the last 10 years.

"Judgements don't inspire confidence in the Court of Appeal. Many judgements of the High Court tend to dwarf those of the Court of Appeal. It's time to restore the Court of Appeal to its former glory," Havi said.

"We must work together even in occasions where we don't agree with each other"

In respect to calls made for impeachment of Uhuru, Havi said he has been vindicated following comments by the two former CJs - David Maraga and Willy Mutunga.

"(Justin) Muturi, you are an advocate of the High Court and Speaker of the National Assembly. It's your responsibility to oversight the Executive," Havi said.

He said LSK will stand with Musinga to the very end.

"Just do the right thing. Serve the people of Kenya in upholding the Constitution and rule of Law."

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