This archive report was first published on 3 July 2021.
On July 3, 2021, Dr. John Khaminwa, a senior counsel, made a striking argument at the Court of Appeal during a BBI hearing. He accused President Kenyatta of filing an application with the courts despite having 'unclean hands.'
The doctrine of 'unclean hands' is a legal principle where the defense team argues that the party bringing the matter to court has acted in an inequitable or unfair way. Dr. Khaminwa elaborated that President Kenyatta has demonstrated a general lack of respect for the courts.
He cited two instances where the President had made remarks about judges and had refused to swear in two judges who were involved in the case at the High Court. Dr. Khaminwa argued that these actions were a clear indication of the President's disrespect for the judiciary.
He quoted the President's statement, saying, 'The President of the Republic of Kenya, Honourable Uhuru Kenyatta has filed an application and I'm inviting you very respectfully, my lords, that you do not take note of the application.'
Dr. Khaminwa went on to explain why the President's actions were a breach of the principle of 'clean hands.' He stated, 'When you come to the court you must come with clean hands, my lords, the President has not come to this court with clean hands at all and I'm humbly urging that you borrow a leaf from South Africa, from India and Pakistan and say to him, 'No. We shall not hear you.'
He emphasized the importance of showing respect to the judiciary, saying, 'When we appear before your lordships we come with tremendous humility, we speak politely to you, we praise you. That praising and humility and that courtesy that we extend to the court is not for you personally but for the good of the entire country to get our people to continue to have confidence in our Judiciary and in the administration of justice in our country.'
