BBI APPEAL CASE

BBI appeal hearing: Karua tells judges to use sword, slay monster of impunity

Karua said that elite politicians are seeking to use the amendments to extend their time in power.

In Summary

• Karua argued that all the parties involved in the ongoing case on the BBI are the same, and no one should come to the court with a sense of entitlement.

• “Once you enter this court, you are a litigant just like any other” - Karua.

Senior Counsel Martha Karua makes a submission during the BBI Appeal hearing at Court of Appeal, Supreme Court Building on July 2, 2021.
Senior Counsel Martha Karua makes a submission during the BBI Appeal hearing at Court of Appeal, Supreme Court Building on July 2, 2021.
Image: CHARLENE MALWA

Senior Counsel Martha Karua has asked the Court of Appeal to use its power bestowed by the Constitution to punish political elite who want to use their influence to abuse it.

In her submissions on the last day of the BBI appeal hearing, Karua said the court’s powers are not inferior to those of the Executive, and that all arms of government derive their power from the people.

“This court's powers are not inferior to the Executive, all arms of government derive their power from the people and this court has the final word on the interpretation of the Constitution,” Karua said.

She argued that all the parties involved in the ongoing case on the BBI are the same, and no one should come to the court with a sense of entitlement.

“Once you enter this court, you are a litigant just like any other.”

Karua said that elite politicians are seeking to use the amendments to extend their time in power.

“Constitutions exist to limit the exercise of authority and this does not appear to be understood by the Executive in Kenya.”

She added that the court should reprimand state officers who have been misusing he public funds and ask them to bear the cost.

“It’s happening too often, where state officers take Kenyans who question them as their enemy instead of serving them equally with others. These are the questions that are before the court and I dare say, they demonstrate impunity which permeates rank of state officers, the Executive,” Karua said.

Karua asked the court to dismiss the appeal and to affirm the judgment of the High Court.

“It is through the pronouncement of the court, without fear or favour that this country will eventually achieve the transformation envisaged by the 2010 Constitution. We invite you to rise up to your duty and in Dr. Muthomi’s words, to utilise the sword to slay the monster.”

She continued that;

“And the monster, I dare say is the monster of impunity, of self-entitlement of the political elite.”

Earlier on, lawyer Christian Andole urged the court to order President Uhuru Kenyatta to personally refund taxpayers' money used in the alleged illegal process.

Andole represents Morara Omoke, who filed a cross-appeal against sections of the High Court judgment delivered in May.

Andole argues that the five-judge bench at the High Court erred in law when they failed to order the President to refund the funds used in the BBI process.

“The High Court’s finding and declarations were sufficient for an order to make good the loss of public funds; no evidence was needed for that order to be made,” Andole said.