BBI case: Lawyer John Khaminwa calls Kenyan politicians mere job seekers

Senior Counsel John Khaminwa. [Sammy Omingo, Standard]

Senior Counsel John Khaminwa highly disapproves of Kenya’s current political leadership and does not shy away from letting them know.  

Dr Khaminwa avers that Kenyan leaders are just job seekers in disguise, and have nothing to offer.

“There is very little to admire from the current politicians. They are job seekers…they come up with things like amendments to the Constitution because they want to stay in power,” he told Supreme Court judges.

The attorney argued that the country requires a creative mind to run it, and protect its Constitution.

“The people who have suggested that we create posts for a prime minister and deputy prime minister are only after creating jobs for tribal leaders.”

This, he says will only entrench tribalism in the country, considering that the minority communities will be discriminated against. “Let us not buy the idea that we will have a more stable society. We shall be entrenching tribalism in our communities,” Khaminwa said.

Revisiting the Nyayo era in the 1980s-1990s, the senior counsel pleaded with the seven-judge bench of the apex court not to allow Kenya to go back to what he called “the dark times.”

“We should never forget the history of this country. If you don’t stand firm, they will lead us back to the dark days,” he said, addressing Chief Justice Martha Koome.

And like the respondents before him, he asked the court to protect the Constitution while making its final verdict on the BBI process, adding that it is unamendable.

The lawyer likened the Constitution to God’s supremacy.

“The Kenyan Constitution was drafted in such a manner that it’s not amendable. If we allow people to amend the Constitution, within a short time, we will not have a Constitution,” said Khaminwa.

On its third and final day of the hearing, the court has adjourned.

Koome said the judges will now retreat to make a final verdict on the contentious BBI, after which a date to deliver the judgement will be set. 

The appellants [Attorney General, President Uhuru Kenyatta and Raila Odinga, IEBC and the BBI Secretariat] were challenging the decision by the lower courts that declared the BBI null and void


Download the BBI Judgement by all seven Judges - Civil Appeal No. E291 of 2021