Uhuru should refund Kenyans BBI money – lawyer tells judges
As the BBI appeal hearing draws to an end, Lawyer Christian Andole asked the seven-judge bench to compel President Uhuru Kenyatta to personally refund taxpayers money used in the process.
Andole through a submission made on Friday, July 2 argued that 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.
According to Andole, no evidence was needed for the order to be issued arguing that if any evidence was needed, the state had the necessary evidence.
“I also invite the court to look at the doctrine of public trust which is anchored in Article 73(1) and Article 1,” Andole said.
“I am afraid the liberties of Kenyans will be suspended by a thread so slender than the hair strand that held the sword of the imperial King Dionysius over the head of Damocles,” he added.
The lawyer is representing Morara Omoke, who filed a cross appeal against sections of the High Court judgment delivered in May.
Andole slo waded into the issue of who initiated the popular initiative giving a clear distinction of who a regular Kenyan is.
“My Lords and Ladies, the grave digger in Langata, the shoe shiner at Upper Hill, the beach boy in Watamu, the pregnant woman in Pumwani these are the people; these are the wananchi not a person bearing the title honourable or his excellency,” Andole argued.
The lawyer accused the BBI team of misleading the court on who exactly initiated the drive to change the constitution.
