NAIROBI, Kenya Aug 20 – The Court of Appeal has set aside a High Court declaration which had found that President Uhuru Kenyatta acted in contravention of the leadership and Integrity Chapter of the Constitution after he promoted a constitutional amendment process contrary to the provisions of the law.
The Court of Appeal President Daniel Musinga said that President Kenyatta was condemned unheard.
“The trial court ought to have been satisfied that there had been no proper service of the court upon the Appellant. I find and hold that there was no service of the petition and the hearing notice upon the appellant. The appellant constitutional right of fair hearing was violated. Consequently all the orders made against Mr. Uhuru Muigai Kenyatta as named by Mr. L’ochier cannot stand. I would therefore set aside the declaration made by the High Court that Mr. Uhuru Muigai Kenyatta contravened the Constitution,” Justice Musinga stated in reading a majority judgement that dismissed an appeal challenging constitutional court orders that rendered BBI process null and void.
Solicitor General Kennedy Ogeto alongside the President’s lawyers led by Waweru Gatonye challenged the ruling arguing that the High Court erred in stating that BBI was an initiative of President Uhuru Kenyatta.
They argued that if the High Court’s verdict is allowed to stand, the President and the presidency would be open to a multiplicity of legal proceedings thus impairing the performance of his functions.
Ogeto argued that the Court set grounds for any person to initiate legal action against the Head of State without evidence that he had acted against the law.
While Ogeto vowed to challenge the appellate judgement in the Supreme Court for the state, Opposition chief Raila Odinga said he is satisfied. The appeal was filed by Kenyatta, Odinga, the electoral commission and the BBI Secretariat.