EACC denies raiding Khaminwa's office after BBI submissions against Uhuru

In Summary

• In his submissions during the BBI appeal hearing on Thursday, Khaminwa asked the appellant judges not to consider the appeal filed by the president because he has disobeyed court orders.

• He submitted that when one must go to court with clean hands but the president has not come with clean hands at all.

Katiba Institute lawyer John Khaminwa with ODM leasder Raila Odinga's lawyer James Orengo at the Court on June 2,2021.
Katiba Institute lawyer John Khaminwa with ODM leasder Raila Odinga's lawyer James Orengo at the Court on June 2,2021.
Image: FILE

The Anti-corruption commission on Sunday denied raiding Senior Counsel John Khaminwa's office following his submissions during the BBI appeal hearing.

In a tweet, it said, "EACC wishes to notify the public that it did not conduct any operation yesterday and media reports suggesting that EACC visited the offices of John Khaminwa Senior Counsel are unfounded."

This is after Khaminwa on Saturday spoke to media at his offices saying two individuals from EACC visited his office to intimidated him.

"These two individuals, I got the impression, came here to intimidate me and to take advantage of what I said in court against me in the matter of BBI," he said.

"I stand by what I said at the Court of Appeal... what I said was truthful."

Khaminwa said that although the two officers said they were state officials, they may not have been sent directly by the state.

He went on to say the officials asked his assistant for money.

In his submissions during the BBI appeal hearing on Thursday, Khaminwa asked the appellant judges not to consider the appeal filed by the president because he has disobeyed court orders.

“While he was in Kisumu during Madaraka Day he made certain remarks about judges, he has failed to gazette two judges involved in this case at the High Court Justice George Odunga and Justice Joel Ngugi,” Khaminwa said.

He submitted that when one must go to court with clean hands but the president has not come with clean hands at all.

“I am humbly urging that you borrow a leaf from SA and India, tell him(the president) we shall not fear you, the orders that were made at the high court must stand he has deliberately refused to swear in judges,” he said.

“My Lords it’s my humble submission that when you are coming before a court you cannot despise a judge and at same time you appear before a judge and expect that judge to give you orders.”

“When you have a president who is not obeying court orders and demeaning judges before the public this court must stand firm and say to him No we shall not hear you we will not give you orders,” Khaminwa submitted.

He further argued that the Kenyan constitution is unamendable and should not be amended.

Khaminwa further said some of the lawyers representing BBI team whom he knows personally don’t stand for what they submitted in court.

“I know them, they were saying things that they themselves don’t believe in at all I happened to know them they are my friends I eat with them and I know what they stand for,” he said.

He also submitted that its very unfortunate that we don’t have a selfless politician in Kenya claiming that the crop of politicians in this country is very poor.

The seven-judge bench which heard the appeal retreated to consider submissions and will deliver its ruling on August 20.

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