By KAMAU MUTHONI
Nairobi, Kenya: The High Court has thrown out a case where a man was seeking orders to stop the use of the Bible when swearing in Public officers.
High Court Judge David Majanja in his ruling said the complainant, David Gitahi, had not raised any constitutional grounds to force the court to issue the order.
“It is well established that a petitioner who seeks redress under the constitution must state his claim with precision by reference to the provisions of the laws violated and how they are violated. You have raised rather Biblical arguments and not constitutional ones,” said Justice Majanja.
The application by Gitahi, who claimed he was sent by God to deal with the spiritual matters affecting Kenya, was opposed by the Attorney General Githu Muigai who argued that article 74 of the Constitution is clear about the assumption of office.
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The AG told the court that state officers are mandated to take oath or affirmations to assume office. In his petition, Gitahi was aggrieved by the fact that the Bible is used in public institutions to take oath of office while the leaders do not fulfill the same, making the country sinful.
The petitioner placed Biblical arguments to shore up his case having grounded it on several verses. He first argued that it is against the Bible to swear in the name of the Lord (James 5:12 and Mathew 5:34-37). “The petitioner and others who believe that taking an oath on the Bible is a violation of their sacred principals have the freedom, consent with article 32 of the Constitution,” said Majanja.