President Uhuru Kenyatta has filed a notice of appeal against the High Court judgment that halted the Constitutional amendment push through a popular initiative.
The President, through his lawyer Waweru Gatonye, faulted the five high court judges for proceeding to hear and decide a case against him without first ensuring he had been served in person by his accusers.
“The learned Judges proceeded to hear and determine a matter against H.E. Uhuru Muigai Kenyatta without ensuring that personal service had been effected upon him,” reads the document.
The president has also questioned the basis of the judges’ verdict that he had violated provisions of Chapter 6 of the Constitution on leadership and integrity, and that he can be sued in his personal capacity and not as the head of state.
“The learned judges held and issued a declaration that Mr. Uhuru Muigai Kenyatta has contravened Chapter 6 of the Constitution, and specifically Article 73(1) (a) (i) of the Constitution of Kenya, by initiating and promoting a constitutional change process under Article 257 contrary to the provisions of the Constitution,” the court documents further read.
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