Kenya: Uhuru faults Mutunga on integrity and leadership

From: Judy Miriga

I hear you sister Cidi.

Sorry that I did not make myself more clearer. What I actually meant was that, the Public Mandate Bills of Rights have not been legislated to make them policy binding as demands in the National Reform Accord Agenda of Chapter 6. The Coalition Government Leadership with their counterparts Party agents made sure they punctured, inflicted dangerous clauses to contradict and deface the Constitutional Bills of Rights to provide opportunity for Special Interest thievers. But on the other hand you are right the Constitution was completed but not facilitated to the expectation of the Public Demand at the Referendum and according to the Promulgation agreement for which The Coalition Government Leadership and Team swore to uphold. The Coalition Government with its Leadership are therefore in default. They failed to comply to their Oath of Public Office committment. They have therefore failed in their Responsibility as well as on Integrity to Govern as per Public Mandate, Needs and Demand the reason they were made Public Trustees.

As a result, this is why they made serious dent and are dilly dallying on Majimbo/Federalism Bills of Rights; the Land; the Finances so they can inflate and waste Public Wealth and Resources to benefit themselves and Special Interest; the Publics Facilities and utilities with Government Contracts given to those of their network; Public Revenue and Taxes on Fiscal spending to widen debt for taxpayers but free of tax to those of their Special Interest and finally they provide loose-end to public security and relax safety measures on environmental degradation by the Chinese and Asian Commission Agents so they can continue to finance who to kill, threaten, intimidate and frustrate livelihood including pressuring peoples survival from engaging in progressive development with those who oppose or challenge them they make sure they are silenced.

This is why, people have lost Trust in the Coalition Government leadership with their Party Affiliates. It is time we must engage on Way-Forward with fresh mandate to New Players who are passionate to chart Plan of Action for our success story for Reform Change Agenda we had embarked on.

The Coalition Government Leadership lack of engagement has now created a very fluid and dangerous environment where terrorist thrives and is a security risk to Public with those of our International Foreign partners in Development. The environment is not conducive to feasible, profitable and progressive development agenda and this is not acceptable.

Things must be done differently so poverty pain and sufferings can remain things of the past. We must create a healthy nation and boost middle-class society who are able to meet challenges and competition of the Global Economy Marketplace.

Cheers everybody……!!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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— On Thu, 8/2/12, cidi.naomi@ . . .
From: cidi.naomi@ . . .
Subject: Re: [uchunguzionline] Uhuru faults Mutunga on integrity and leadership
Date: Thursday, August 2, 2012, 10:06 AM

Hey Judy

The Constitution is COMPLETE. Signed and delivered on 27th August 2010. What is happening is part of the implementation which at times is flawed.

Am encouraged that Kenyans are vigilant to make sure that there will be few mistakes made in the implementation process. In fact that is why the elections will be delayed.

Its not easy but Kenyans are up to the challenge.

Naomi.

Sent from my BlackBerry®

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From: Judy Miriga
Date: Wed, 1 Aug 2012 17:37:22 -0700 (PDT)
Subject: Uhuru faults Mutunga on integrity and leadership

I still wonder why the constitution is incomplete and the election mood is at its peak….How will this work without the country falling apart.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

Clinton visits Kenya to counter China influence

Updated Wednesday, August 01 2012 at 00:00 GMT+3
By Martin Mutua

US Secretary of State Hillary Rodham Clinton is set to visit Kenya next week as part of her six-nation African tour that starts today, the State department has disclosed.

Growing security threats from Islamist militants and China’s increasing influence throughout Africa top the agenda of the 11-day visit by Mrs Clinton, a close ally of President Obama.

During her visit to Kenya, her second, Clinton will meet President Kibaki and Prime Minister Raila Odinga among other government officials to discuss various issues.

The State department did not disclose the actual date for security reasons. Clinton will deliver a message from the Obama administration on among other things the March 2013 elections.

“The Secretary of State will emphasise her endorsement for transparent, credible and non-violent national elections in 2013,” part of the statement read. Another key agenda is terrorism, which has seen Kenya become the target of Al Shabaab attacks.

Apart from Kenya, Clinton’s visit will take her to Senegal, South Sudan, Uganda, Malawi and South Africa.

She starts her tour in Senegal today where US officials say she will give a speech warning African states about the potential perils of Chinese investment, which many development experts claim enriches China at Africa’s expense.

While in Senegal, Clinton will meet President Macky Sall and other political leaders and deliver a speech “applauding the resilience of Senegal’s democratic institutions” and highlighting bilateral partnership, the State Department said.

In South Sudan, she will meet President Salva Kiir Mayardit to reaffirm the US support for the country, and encourage its negotiations with Sudan on security, oil and citizenship. She will push for “strengthening of democratic institutions and human rights” in Uganda.

Uhuru faults Mutunga on integrity and leadership

Updated Wednesday, August 01 2012 at 00:00 GMT+3
By JUDY OGUTU

Deputy Prime Minister Uhuru Kenyatta, a key suspect at The Hague, has taken on Chief Justice Willy Mutunga over his statements on leadership and integrity issues. And, curiously, Attorney General Githu Muigai came out backing Uhuru and Eldoret North MP William Ruto in a case challenging their eligibility to run for president while still saddled with the crimes against humanity charges at the International Criminal Court.

Githu dismissed the local case challenging their candidature on the grounds that it was unconstitutional. In a preliminary objection filed in court on Tuesday, the AG argued the case should be dismissed as it conflicts with the constitutional provision of presumption of innocence before a trial and it was based on “speculation and conjecture”.

The court, he argues, was being invited to enter the arena of legislation that constitutionally belongs to Parliament. “The petition is misconceived based on total misrepresentation and misapplication of the Constitution of Kenya and the legal process at International Criminal Court,” adds Muigai.

On his part, Uhuru wants the court to have Mutunga stopped from issuing statements, which he says have a bearing on his presidential ambition.

Uhuru registered his protest when a case challenging his candidature and Ruto’s came up for hearing on Tuesday. Patrick Njuguna, Augustino Neto, and Charles Omanga have filed the case.

Other parties to the suit are Kenya Youth Parliament, and Kenya Youth League. These parties argued that the two are suspects charged before ICC and therefore do not meet the threshold of the Constitution on Leadership and Integrity.

Interestingly, when the case came up for hearing on Tuesday, it faced another roadblock as two out of the three judges hearing it were reportedly indisposed, and, therefore, the case could not proceed.

Justice Isaack Lenaola, who is the third judge, informed lawyers for the three parties of the development, saying his colleagues Mohamed Warsame and Philomena Mwilu were indisposed. He adjourned the case to September 27.

However, before Justice Lenaola could adjourn the proceedings Uhuru’s lawyer Evans Monari hit out at Mutunga, saying his utterances through Press statements were of concern to his client.

Curiously, Ruto who has personally been sued with Uhuru was neither in court nor did he send any of his lawyers to represent him. “I would like to register protest on remarks of certain judicial officers. The Chief Justice has been issuing Press statements. It is not viable that the issue is discussed in this manner,” Monari said.

But before he could stretch his protest, Justice Lenaola said the rules of engagement are clear and neither judges nor advocates should make substantive comments on the case.

He directed the parties to minimise comments on the merits and demerits of the case. Early this year, Justice Lenaola issued orders

stopping public debate on whether Uhuru and Ruto can run for president.

He gave the directive after parties in a suit before him, entered a consent allowing him to do so. The order was, however, vacated.

Mutunga is on record stating the Judiciary would ensure leaders who fail to meet the threshold of integrity as set out in the Constitution are not considered for public office.

Mutunga, who is also the president of the Supreme Court, and the one who will swear-in Kenya’s fourth President, has said the courts will defend the Constitution.

The CJ has equally promised to ensure courts uphold Chapter Six of the Constitution to weed out individuals who do not meet integrity and leadership standards.

Saying he would forever fight “in the trenches of reform,” Mutunga dismissed claims by a section of lawyers, MPs, and political leaders that Chapter Six of the Constitution on leadership and integrity stands suspended until a Bill is passed in Parliament to implement it.

His strong statement seemed to have excited Kenyans who have feared the worst, as Parliament and the Executive remained divided over Chapter Six of the Constitution that touches on leadership and integrity.

The CJ has been emphatic that the courts must be seen to uphold the spirit of the Constitution when it comes to interpreting Chapter Six, which he warned could still be used to vet those seeking leadership positions.

Mutunga is on record saying the Constitution must be upheld and followed to the letter by the courts to ensure people seeking to lead are held accountable, and those who fail integrity and leadership thresholds are not appointed or elected to public offices.

The petitioners in the Uhuru and Ruto case have sued Muigai and named Independent Electoral Boundaries Commission and the Commission on Implementation of the Constitution as interested parties.

In addition, 213 Internally Displaced Persons are also party to the case. International Centre for Policy and Conflict, Kanu, The National Alliance Party, and several individuals have joined the suit as interested parties. Dr Stephen Njiru is an amicus curie (friend of the court)

It is the petitioners’ contention that allowing Uhuru and Ruto to run for public office would amount to perpetuating impunity.

Also sought by the petitioners is an order barring IEBC from accepting nomination or election of any candidate accused of committing serious offences under the international law or Kenyan law, until they are cleared.

In addition, they want a declaration that allowing the two to vie for president was a threat to the Constitution.

Further, they want the court to determine whether presumption of innocence in favour of Uhuru and Ruto overrides public interest to ensure protection and upholding the principles of the Constitution.