LSK President Nelson Havi Urges the Appellate Court to Uphold High Court Ruling
LSK President Nelson Havi has urged the court of appeal to dismiss the four appeals filed and uphold the judgment by the High Court that nullified Building Bridges Initiative (BBI).
Gathogo Wanjiru 
Lawyer Nelson Havi, who represents economist David Ndii and four others, on Thursday told the seven-judge bench that they should affirm the decision of the High Court.
“You owe this to the people of Kenya in accordance with the oath you took,” he said.
Havi further said the moment one becomes the President; they cease to be a person and become a state officer, arguing that if the head of state wants to engage in the affairs of other 'lesser mortals', he must abdicate power.
“If he wants to engage in affairs of lesser mortals, he must abdicate. The president is not a mere mortal, but a superior. The president cannot make a direct appeal to the people and join them in petitioning Parliament,” he said.
According to Havi, the president has to safeguard the Constitution, adding the BBI amendment Bill destroys the basic structure of the Constitution, arguing that it has created an impure, hybrid presidential and parliamentary system.
Havi argues the Constitution is supposed to be a permanent structure to endure for ages to come and not to be lightly altered to meet the temporary experience of political ambitions.
The LSK President also said the BBI bill has sought to interfere with the independence of the Judiciary with the introduction of an Ombudsman to perform functions allocated to JSC.
