Why Jubilee Supporters should leave the president Alone - By Gideon Kubai

President Uhuru Kenyatta

With the hard fought victory during the last general election which was only decided through a Supreme Court ruling Jubilee and UhuRuto supporters have been in euphoria.

Under the guise of this win, it is becoming hard to reason with millions of Jubilee supporters across the country and in the diaspora.

Suffice to say the campaign and election battle was fought and the win was splendid against seemingly insurmountable odds.

But amid this wall of unbridled happiness, this is an opportune time to direct a few cold hard truths and facts for President Uhuru Kenyatta to be left alone by his supporters and given space to deliver his election pledges.

The space should be left now to help salvage president’s national image and help him carry his national task easily.

President’s personal battle
Once Uhuru became the president he has acquired crucial national responsibilities which surpass narrow ethnic interests which are carried by supporters who come across as his defender in fighting his personal and tribal battle.

These soldiers’ zeal is best manifested online where bundles are dedicated on
facebook, twitter and blogs to sing praise to Uhuru’s and his name against ‘agents of devil and imperialists western powers.’

This otiose zeal has roped in the Kenyatta family, even those who can’t differentiate between Jaba and Jomo, to make it sound like hagiography of Wango’mbe Waihura - the legendary Kikuyu warrior.

The two Uhuru’s sons are young fine men who must be secretly wondering who these very dedicated jubilee supporters are talking about and what is going on.

Equally, both national and senate houses have ground troops have not been left behind in battle mood and arrested campaign mentality. Let us take Aden Duale for example; why did he create a big fuss about withdrawing from the Rome Statute?

Was Duale and Co on a mission to please and ingratiate themselves to the president? Was sycophancy, boot licking and self-preservation so fuzzy to make them realize the pullout was null and was detrimental ongoing ICC cases?

But Duale, like most jubilee elected leaders owe their current positions not from democracy or people’s but due to engrave their images next to the president’s during the campaign period. So perverse was the trend, a foreigner would’ve been mistaken to think Uhuru was running in hundreds of constituencies.

Sovereignty?

Across the social strata jubilee supporters irrespective of their level of education have became experts on dissecting the country’s sovereignty against imperialism and neo-colonialism pushed down Kenyans throat by US and Britain ‘funded’ ICC.

Even in the most rudimentary United Nation definition we are sovereign and this unwarranted braggadocio on proclaiming the obvious will be our downfall as a country.

Kenya isn’t a military superpower, have a runaway inflation and debt ridden economy and donor fund help fight hunger and disease in don’t have the biggest military in the world, we don’t have the biggest economy in the word and our people are still dying of hunger and st Century and over a half a century from independence.

An overzealous jubilee supporter or legislator wearing a crisp western style suit, a parliament funded by millions of US grant, using standing orders borrowed from British house and laboring in Queen’s English can’t lecture us on liberation and neocolonialism.

Even Uhuru Kenyatta a fully born and bred elite has a degree from Amherst College in Massachusetts; the state famously touted as the spirit of America.

I won’t go about the soft power colonization through English football, Hollywood movies, American music, dressing culture and western food like pizza and burger as we seek to look “in the East for development.’

The world is one big village; we are interconnected because even China we seek for aid can’t afford to cut ties with US even though they compete for world supremacy.


Cord/Jubilee matrix and attack on civil society
And here is how this overzealous sycophancy is affecting Kenya: the country still stays polarized more than six months after election.

Comments, criticism or work of civil society is measured in a very narrow lane of either being a Cord or a Jubilee supporter or a gun for hire.

A simple news post online boils down to Cord/Jubilee insults often laced by stereotype tribal insults. Fellow taken as under-class citizens and activists are often labeled traitors, betrayers and reminded that elections are over and they should move on.

It’s very crucial to hold the current government to account especially in delivering campaign promises and manifestoes and not every critic is a Cord critic or is betraying Kenya, which is sadly mistaken for Jubilee and Uhuru.

From a personal point of view since I have worked as an activist civil society doesn’t want to fix the president. I worked with a Naivasha based youth movement funded by US which was implementing peace and civic education.

Getting grant was purely based on project viability, objectivity and political neutrality and I even went to US for training and not once was I asked to participate in any scheme to overthrow my government or fix anybody in the political circles.

Civil society has taken a key role in changing the country in the second liberation and the West we so much abhor was key in bringing change with most dissidents seeking refugee there and like US Ambassador Smith Hempstone who a key figure against president Moi tyranny.

Uhuru acceptance

The president assumed leadership in full cognizance that he carried personal liabilities, weaknesses that will occasionally if not always impinge on execution of his state duties. He has even accepted that severally on national television.

But his supporters’ overzealous support bordering on ignorance, propaganda and fallacies are pressing the president to dump his personal liabilities on the shoulders of Kenyans who are already sagging with heavy burdens.

This has so far done Kenya as a country a great injustice by demonizing every criticism directed to the government.

(The writer Gideon Kubai is the founder and program coordinator for ‘Vijana na Mageuzi Initiative’ and is a grandson of the late freedom fighter Fred Kubai)

HRW: Uhuru, Ruto Should Cooperate With ICC

Human Rights Watch has urged President Uhuru Kenyatta and his deputy William Ruto to fully cooperate with the International Criminal Court.

The watchdog in an online statement also called on the new government should also uphold and protect the bill of rights as stipulated in the country’s constitution.

“Kenyatta and Ruto should be held to their promises to attend their trials before the ICC,” said Elizabeth Evenson, HRW senior international justice counsel said.

“As president of an ICC member country, Kenyatta should also ensure that his government provides the cooperation it owes the ICC and the support it needs. Victims of Kenya’s post-election violence and their families have already waited more than five years for justice,” she added.

The two including their co-accused Joshua Sang, former Kass FM host have been voluntarily attending ICC proceedings in their cases before the ICC on charges of committing or contributing to the commission of crimes against humanity during Kenya’s election-related violence in 2007 and 2008.

“The new government should also reverse the climate of fear through publicly pledging to help ensure the safety of people who seek to assist justice efforts,” Evenson said.

Earlier there have been concerns on witness protection by Kenyan government with the ICC prosecutor complaining on witness interference.

Witness interference through pressure on witnesses and their families has been blamed for acquittal of Kenyatta’s co-accused Francis Muthaura after a witness feared to come forward and testify against him.

HRW blames lack of government cooperation which has seen witnesses recanting parts of their testimony and admitting to accepting bribes.

Lastly the new government should uphold the bill of rights enshrined in the country’s 2010 constitution to make progress in reform agenda especially police reforms.

“Intimidation of civil society groups increased in the periods before, during, and following the March 4 elections,” HRW indicated.

Threats against civil society activists, media, and ICC witnesses that amount to violations of national law should be investigated and prosecuted, it added.

Manuel Odeny © 2013

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