Chief Justice's Statement on Judges' Security and Elections

Fellow Kenyans,

I have called this press conference to inform the country of two separate but significant events that have occurred in the past one week. I have considered the possible implications of this public statement, but concluded that given the history of this country, such a public disclosure is warranted, necessary, and proper. This statement does not seek to cause alarm but to strengthen the resolve of each and every Kenyan to protect our Constitution, secure our transition, and affirm our future.

On Monday, February 18, 2013, as I was sitting in the Judicial Service Commission interviews for the recruitment of the Deputy Chief Justice, my office received a poison-pen letter from the Mungiki Veterans Group/Kenya Sovereignty Defence Squad. The letter, which was dated Wednesday, February 13, 2013, makes all manner of threats against the Judges, ambassadors and my person. It warns against an adversarial ruling on the Presidential and Deputy Presidential candidacy of Uhuru Kenyatta and William Ruto. The letter extols the violent ‘exploits’ of the Mungiki movement and threatens dire consequences.

This letter was posted only a day before my departure to Dar es Salaam, Tanzania, where I had been invited by the Tanzanian Constitution Review Commission to a one-day event to share my thoughts and experiences on Kenya's constitutional experience. I was stopped at the Jomo Kenyatta International Airport (JKIA) by an Immigration Officer, who insisted that I could not travel because I had not been cleared by Mr. Francis Kimemia, the Permanent Secretary, Head of the Public Service, and Secretary to the Cabinet. I told the official that there is no constitutional, statutory, or policy basis or requirement that provided for the Chief Justice of the Republic to seek clearance to travel from the Head of Civil Service or anybody.

Further, the said Circular that he was invoking to make this illegal demand and decision did not -- rightly so -- even have the Chief Justice listed among the Public Officials on it. It requires quite some courage, ignorance, or political patronage or a combination of all three for an Immigration officer, on his own motion, to summon the confidence to stop a Chief Justice from traveling, particularly in the face of a nonexistent circular! After much haggling, I did eventually travel. The Immigration Shift Supervisor kept insisting that they were awaiting instructions. However, I still find the insistence on permission from Mr Kimemia bizarre to say the least. Even more baffling was that the Chief Registrar of the Judiciary received a purported ‘Clearance to travel”letter by Mr. Kimemia dated February 14, stating ‘..it has been noted the Chief Justice is travelling to Dar es Salaam, Tanzania’.

Upon landing in Dar es Salaam, I received a telephone call from the Director General of the National Intelligence Service, Major-General Michael Gichangi, apologizing for the 'small hiccup' at the airport. I told the DG that a Chief Justice being gratuitously stopped by anybody from traveling cannot fit the definition of a small hiccup, however generous one may want to be. It has never happened on any of my numerous previous trips. I have, therefore, concluded that this is deliberate harassment; and whereas I was keen to have this resolved bureaucratically, I am convinced it is political, and public accountability requires that I make it public.

These two incidents evidence a pattern of emerging harassment against my person, the Office of the Chief Justice, and the Judiciary -- especially since no fewer than five (5) Judges have been attacked in the recent past, with some involving gun incidence – as we head into the elections.

I, therefore, wish to state as follows:

1. Kenyans have invested heavily in this country's democratization, and this investment has resulted in a new Constitution. This Constitution must be protected and guarded jealously. Threats and intimidation of this nature against the Chief Justice, judges, or any other Kenyan or individual must be resisted actively, and rejected resolutely. I have given most of my life to a better Kenya and if taking it is what will be required to consolidate and secure our democratic gains in this election, or even thereafter, that is a price I am not afraid to pay.

2. I have invested heavily in the past one and a half years in creating a new Judiciary. I have repeatedly given my pledge to the country that the Judiciary will not flinch in interpreting the Constitution as is required, a task we have executed very well. For the 2013 General Election, we have done sufficient ground work to handle both pre- and post-election matters in accordance with the law. On February 28, 2013, we shall hold a special session with all judges of the High Court to give Kenyans a final statement on our preparedness. Therefore, candidates or their supporters -- real or claimed -- should not panic. We shall decide all cases independently, and with scrupulous fidelity to the Constitution and the law. Let no individual, group, candidate, or supporter imagine that cowardly and darkly acts such as these will cower us. We have seen and overcome worse, and we will all soldier on for this country. None will be held hostage by a cabal of retrogrades.

3. The Judiciary has, in a private correspondence, communicated to Mr. Kimemia as to the legal position on the matter of the 'small hiccup' to ensure it never occurs again.

4. I believe that Kenyan security agencies, unless they willfully neglect or refuse to, have the capacity and resources to investigate the sources and partnerships of this threatening letter. To this end, I have this morning sent the letter to the Inspector General of Police, the Director of the Criminal Investigations Department, Director of the National Intelligence Service, and the Director of Public Prosecutions to investigate this matter and give the country a progress report. I am also asking the Inspector General of Police to take the necessary steps to enhance the security of judges and other judicial officers at this time.

5. If anybody, any candidate, any party, any agency, or any other actor thinks that it will bend the ear, mind and resolve of this Chief Justice to do anything that is unconstitutional or illegal, then they are mistaken. On any matter that will come before me or the Supreme Court, I and the Court shall operate strictly within the confines of the Constitution. Intimidation and threats are uninvited guests and will not be hosted in the execution of our mandate.

6. The political class must choose whether, either through direct pronouncements or suggestive behaviour, they want a peaceful, democratic and fair election free from the ring of rigging and intimidation, or whether they want to put the country on a path of violence. Whatever choice the political class and leadership makes, they must remain aware that ultimately, the people of Kenya and the rule of law will triumph. The Judiciary is playing its part in protecting and upholding the Constitution; let Kenyans also do their part.
7. I appeal to Kenyans to hold a peaceful election. It is only by so doing that we shall silence these dark forces of retrogression and also advance our constitutional and democratic promise. My fellow Kenyans, with confidence and tribute to the nation, go and vote for our Constitution. It is the only way to reject those who threaten and proclaim violence as a false choice.

Thank you.

Hon. Dr. Willy Mutunga, D. Jur., SC, EGH
Chief Justice/ President, Supreme Court of Kenya

Winfred Lichuma, Gender Commission chairperson supports Marriage Bill 2012

Wilfred Lichuma

The chairperson of the newly formed National Gender and Equality Commission Winfred Lichuma has supported the Marriage Bill 2012 calling it a positive direction to level the ground for matrimonial engagement.

Lichuma says bill will radically shape the family institution once parliament passes it. She added the bill will secure and define rights of spouses in the context of marriage institution saying the.

“With the proposed law victims will have a recourse backed by law to enable them settle in an environment that is safe, hospital and nurturing,” Lichuma said in a speech read by the commission’s CEO Rose Odhiambo.

“I urge all Kenyans engaging in public debate over the bill to do so with sobriety and I urge MPs to pass the law which is good for us all,”Lichuma added.

Sharing the same sentiments Odhiambo said the call to remove dowry in marriage is positive as it’s blamed for cattle rustling and gender violence as women are equated to property.

The commissioners called on civic bodies and the public to be involved in sensitization programs to read the new constitution which secures gender and equality rights for youths, persons with disabilities, minority and marginalized groups.

“All Kenyans irrespective of their gender, age, tribe and sex should be treated with human dignity as stipulated in the constitution,” Odhiambo said.

The commissioners was addressing residents, public administrators, police officers, paralegals and women at a local hotel in Migori town during the launch of baseline report Elusive Justice: Women’s Experience in the formal and informal justice systems that was carried out in Migori county.

The research was carried out by Foundation for Women’s Rights in Kenya (FWRK).

© Manuel Odeny, 2012

I only have one wife- Machage

Kuria Member of Parliament and Roads Assistant Minister Dr Wilfred Machage has said he has only one wife and hasn’t divorced her as claimed in a section of the media.

Machage who was speaking when he hosted Vice President Kalonzo Musyoka in his back yard during his two day campaign which ended on Friday termed the allegations as false and planted by his political adversaries.

“I have only one wife and I have not divorced her for anybody and the unfounded claims are set to tarnish my name by detractors,” Machage said during a rally at Kegonga area in Kuria.

During the visit by the VP, Machage’s wife was at their rural home to welcome the visitors.

Machage’s statement comes after it was written online that he had divorced his wife and is planning to marry former Royal Media Services reporter Angela Boke who now works for a local NGO in Migori County.

Machage added that Kenyans should not pay attention to the claims which are un-founded and lack credibility as he only has one wife saying his political detratcors might have instigated the rumours.

Locals say the claim has been politically instigated as Boke is the sister of Dennitah Ghati a Women Representative aspirant in Migori County on an ODM ticket and is set to tarnish her image and Machage’s reputation among electorates.

Statement by Kenya Union of Journalists on deteriorating media conditions in Kenya

The Kenya Union of Journalists is alarmed by the dangerous increase in acts of intimidation and threats against the lives of journalists in this country by state security agents.

At a time when the media should be enjoying its new protections enshrined in the constitution, it appears that the state security apparatus has become the most serious threat to press freedom and the practice of journalism in Kenya.

We are particularly concerned that little is being done to protect Standard Group investigative journalists Dennis Onsarigo, Mohammed Ali and Robert Wanyonyi from people believed to be in the security system who have been threatening their lives when they have only been doing their work.

It is noteworthy that Mr Onsarigo and Mr Ali aired investigative stories touching on corruption and extra-judicial killings in the police force. It is also interesting that Mr Wanyonyi had incriminating footage of another arm of the security apparatus – the provincial administration.

Hardly two years since Weekly Citizen journalist Francis Nyaruri was killed over an investigative story he had been pursuing and in which the police were adversely mentioned, his killers are yet to be brought to book.

It is very clear that the force is dragging its investigations due to its own fears of implicating itself. We are therefore calling for an independent investigation into the increasing violations of press freedom, the freedom of media and freedom of information in this country. The still unreformed police cannot possibly investigate a matter in which they are complicit.

The Kenya Union of Journalists is also deeply concerned by the slow pace of implementing access to information and freedom of information provisions of the Constitution. These laws are direly needed to protect the media especially as the country moves towards the 2012 general elections.

As experience of the recent days shows, the gains in the new Constitution could very easily be watered down by the enemies of press freedom and those determined to control the media. But they must know that Kenyans will not easily allow their hard-won freedoms to be watered down so casually by people living in the past.

These incidents make it imperative that all media stakeholders work together to safeguard journalistic rights which are vital for the development of a truly independent media.

Jared Obuya

Secretary-General

Kenya Union of Journalists

Will the New Kenyan Constitution Devolved Government?

During last year campaign ODM, ODM-K and PNU promise to Kenyans for Majimbo system if they come to power came as no surprise to me. The promise is yet to be fulfilled. Majimbo is the Kenyan coined for federal system of government where autonomous states with their own laws are joined together by a federal state with federal law containing all states. The proponents of Majimboism argue the system will increase the effectiveness of the government.

The orange parties opted for the Majimbo card to quell Kibaki’s strategy of dishing out districts.

Will the doodle making of districts by government quell the urge of new districts? The zeal of creating ‘North-West-East-South’ districts is astounding. At other places constituencies are split in districts like the former Migori to Uriri, Rongo, Nyatike and Migori which are constituencies.

Most Kenyans see Majimbo system as the only way to get to the national cake. With 43 tribes in Kenya and only two in power since independence 40 years ago there is a yearning for power. During Kenyatta’s, Moi’s and Kibaki’s regime their tribes flocked the government and civil jobs. Since independence some areas have been marginalized like North Eastern from central government, can Majimboism rectify this?

The need for self government is high in the country. Each tribe wants a seclusion of power no matter in what distinct form if the fever for new districts, division, and even constituency is anything to go by. The demand is ethically oriented. At last elections many tribes used their votes as blackmail. The Abagusii went further as to request a province (imagine the cheek). Will this thirst for power be quenched by Majimboism? So far are the local governments helpful in any means? Of cause the answer is no what with the high level kleptocracy in the councils.

Always the central government seems far from the subjects.

Imagine a resident of Mandera near the Ethiopian border moving all the way to Garissa to seek his PC of North Eastern province. In addition, the Eastern province capital Embu is not strategically positioned to serve the expense area. The distance covered by Marsabit and Moyale citizens to Embu is always too expensive. Interestingly an Ukambani resident of the province seeking redress with his provincial government is forced to pass Nairobi’s PC and board a matatu in a journey to Embu.

With such little presence of government citizens always feel neglected.

The shortcoming always causes security risk. The Sabaot Land Defence Forces (SDLF) lead by Matakwei in Mount Elgon thrived because the provincial government from Rift Valley was far. Weapons were easily acquired from neighboring Uganda. Lamu with separatist cells is nearer to Garissa than its provincial headquarter in Mombasa in Coast province. Al-Qaeda and Fazul has invaded Kenya with links to Ras Kamboni in Somali through Lamu.

The new constitution cooking at the review committee is highly anticipated. Since the rise of multiparty politics in the early ‘90s the urge, acquisitive, of either to change the constitution as a whole or in part has been high.

Across citizenry, political elites, journalist and civil organizations the undercurrent is the new constitution for a better Kenya. Kenyans want, and need the new constitution to change (so is the notion) the underlying problem in the society.

Through rallies politicians have drum to common wanainchi about the post election violence, impunity for law breakers and corruption to be erased by the new constitution. To them the new laws will be an antidote against the suffering populace.

The talks are the Kenyan test-tube idea making. Politicians always think of conflicting ideas in their expensive offices and spew them at rallies. After a few emotional clapping they are airlifted to the next rally to discuss their ideas shallowly.

Majimboism can cause tribalism and divide the country. During the recent election violence the slogan of returning foreigners to their lands was evident. Majimboism can cause unrest and coup attempts leading to secession from the central government like in Eritrea and Ethiopia, Anjouon islands in Comoros islands which have been rocked with constant coup attempts.