Lawyer Isaac Aluochier who hails from Homabay county is back again at the Supreme court in the ongoing Building Bridges Initiative (BBI) appeal at the supreme court.
Isaac Aluochier stole the show during the BBI appeal at the court of appeal after he lectured president Uhuru Kenyatta like his lastborn child.Â
Isaac Aluochier expressed his disappointment at the head of state for disrespecting court orders on a number of occasions. Thus, he claimed before the court that Uhuru had annoyed him and it was one of the reasons he was before the court to dismantle the BBI.
On Wednesday, Isaac Aluochier while submitting his submissions at the Supreme court made it clear that the constitution was the supreme document and that not even the judges could use extra constitutional means to defend it.
As a result, he said that president Uhuru Kenyatta is not allowed to use state machinery to purport to change the constitution.
At the same time, Isaac Aluochier also weighed in on the presidential immunity and according to him, the head of state can be sued in his capacity as the president if he performs duties that are not within his roles as specified in the constitution.
Infact, he mentioned that in as far as president Uhuru Kenyatta was immune, he could not be granted immunity for impunity since we are a country that is governed by the rule of law.
“We do not have two sets of tears for citizenship and all of us must abide by this law whether you are a president or a judge. We cannot allow that to happen.” Said Isaac Aluochier.
This was in response to president Uhuru’s lawyers who argued that the president had absolute immunity and that subjecting him to civil proceedings would not augur well with the peace of the country.
Known for not mincing his language, Mr. Aluochier stated that president Uhuru Kenyatta ought to be treated like any other normal citizen and follow the constitution to the latter.
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