Senior Council 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.
More to follow…