• Havi, who represents economist David Ndii and four others, on Thursday told the seven-judge bench that they should affirm the decision of the High Court.
• “You owe this to the people of Kenya in accordance with the oath you took,” he said.
LSK President Nelson Havi has urged the court to dismiss the four appeals and uphold the judgment by the High Court that nullified BBI.
Havi, who represents economist David Ndii and four others, on Thursday told the seven-judge bench that they should affirm the decision of the High Court.
“You owe this to the people of Kenya in accordance with the oath you took,” he said.
Havi further said the moment one becomes the President, they cease to be a person and become a state officer, arguing that if the president wants to engage in the affairs of other 'lesser mortals', he must abdicate power.
“if he wants to engage in affairs of lesser mortals, he must abdicate. The president is not a mere mortal, but a superior. The president cannot make a direct appeal to the people and join them in petitioning Parliament,” he said.
Havi also said that the president has to safeguard the Constitution, adding the BBI Bill destroys the basic structure of the Constitution, arguing that is has created an impure, hybrid presidential and parliamentary system.
“It has created impure hybrid of presidential and parliamentary system, this bill has domiciled the Cabinet legislature, abdicating the functions of the Executive and the legislature,” he said.
Havi says the Constitution is supposed to be a permanent structure to endure for ages to come and not to be lightly altered to meet the temporary experience of political parties.
When asked by Justice Patrick Kiage if Parliament does not listen to the President, "Are you saying the President cannot join the people to picket?” “No, he should abdicate and marry an American divorcee,” Havi said.
Havi said the BBI bill has sought to interfere with the independence of the Judiciary with installation of the Ombudsman to perform functions allocated to JSC.
“The culture of impunity in Kenya needs a fix tool. IEBC must do its job and Parliament do it and the court do its job, I plead to dismiss the four appeals and affirm the decision made by the High Court,” Havi said.