- US News
- International News
- Science and Tech
- Featured Columns
Go to Admin » Appearance » Widgets » and move Gabfire Widget: Social into that MastheadOverlay zone
Blamuel Njururi, Nairobi – July 6, 2014. The Orange Democratic Movement (ODM) and CORD leader Raila Amolo Odinga’s political circumcision comes on Saba Saba day at mid-night July 7, 2014. The day marks the “defining moment” of Raila‘s future as a person 40 million Kenyans can depend on for just leadership to prosperity or one who will lead them to the colonial governor prophesy of death and darkness.
Raila, Kenya’s former Prime Minister, is hanging on a political cliff contemplating a dive that could lead to his political disaster or national chaos come July 7th dubbed Saba Saba. As they say when the uncircumcised get to the river, there is no turning back and come Saba Saba, the ODM/CORD leader will have to carry the cross he has chosen for himself. His efforts to corner President Uhuru Kenyatta into a post-election Memorandum of Understanding (MoU) on his so-called national dialogue has come to nought. He must now cast away his threats and show his followers the steel he is made of. In Parliamentary language he will be forced to lay it on the Table.
Recent crackdown on hate speech and a court order on Saba Saba organisers Raila, Kalonzo Musyoka and Moses Wetangula not to call for mass action have deflated the tyres on which they were riding towards making Kenya ungovernable by declaring Saba Saba a public holiday and calling for mass action to bring the Jubilee government to its knees. Denied the opportunity for violence, ethnic bigotry and political chaos, Raila is like fish out of water.
Raila will call for mass action at his own peril and as he has been saying Saba Saba, will actually mark the turning point in his political career. Like it has been happening with many suicidal drivers on the Kenyan roads, Raila has no wish to go alone. He has Kalonzo and Wetangula on the front seat of his political matatu and God knows what number of passengers he will pick come July 7th and their fate thereafter.
No wonder the moment Justice Isaac Lenaola put ink on paper declaring that the Saba Saba organisers would be held liable for any acts of violence arising from the Monday meeting, or any other activity they may organize, Raila was dumbfounded. He went into a ranting stupor demanding from his aides to immediately write to the Chief Jutice Dr Willy Mutunga to reverse the court ruling.
National police Inspector General David Kimaiyo has issued a similar warning that the trio will be liable for any criminal activities by their followers targeting the political perpetrators who foment political chaos for the first time since 1992. Previously probes into post-election violence have revealed political instigators but action has never been taken against any politician.
Acting like a man far removed from his own surroundings, Raila was totally oblivious, or chose to ignore, the fact that the judge’s orders were negotiated and endorsed by his own lawyers, who know and understand the New Constitution better than the pretentious engineer-turned-politician. That goes to show how Dictator Raila would be working with his Attorney General and Chief Justice on decisions that do not please him if he became president – Idi Amin style.
Raila‘s Saba Saba river of political circumcision flows from midnight-to-midnight on July 7th peaking up mid-day when he is expected to disclose his earth-shaking programme to deal with the Jubilee government refusal to hold his so-called national dialogue with him. His pre-Saba Saba rallies were expected to generate tributaries that would form the torrential river to sweep Jubilee out of power. The river could however, drown Raila and his disciples into political oblivion.
His patience since losing the presidential elections has been wearing thin and he now openly says “Kenyans” cant wait for five years while Jubilee is running the country down. His impatience has deep roots in the fact that Uhuru and his deputy William Ruto are running the government by Skype from the Hague-based International Criminal Court cells as he had anticipated while the cases before the ICC are crumbling.
Should the ICC cases be terminated, Raila and his western political tutors will lose the presumed legitimacy of criticising the president, his deputy and their government. Time is therefore of essence to establish another front of attack aided by the current state of insecurity propelled by terrorist and domestic criminal gangs and Saba Saba provided a convenient anchor. Calling for mass action is the only way forward for Raila to create political upheaval otherwise he is politically doomed.
The ink had not even dried on Jutice Lenaola’s orders when Raila’s wrote to Chief Justice Mutunga following a court decision earlier on Friday on a case filed by Nairobi Senator Mike Mbuvi Sonko, which, inter alia;
The impudently presumptuous letter mailed by Raila’s aide Dennis Onyango, stated;
Dr. Willy Mutunga, E.G.H
Chief Justice and President of the Supreme Court
Republic of Kenya
RE: COMPLICITY OF THE JUDICIARY IN SUPPRESSION OF CIVIL LIBERTIES.
The CORD fraternity is dumbfounded by news that a court of the Kenya Judiciary has issued an order against the Principals of the coalition ordering them not to convene any mass action in Kenya on the 7th July 2014 and stating that the said Principals shall be personally liable for any damage during the protests they convene.
From the very outset I wish to reiterate to you Article 37 of the Constitution of Kenya which states that:
“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities”.
Riotous Raila supporters obeying his 2008 mass action and waving his 2007 presidential posters, 1,500 innocent Kenyans died “pecefully politically”. Crowds are waving similar posters in current ODM/Cord rallies and chanting “Uhuru mut go”.
Mass action is just a common phrase to describe the exercise of this constitutional right and is not a legal principle that can rend itself to interpretation of the court outside the confines of Article 37.
(Raila deliberately ignores the genocide that claimed 1,500 innocent lives, displacement of 650,000 families and billions of shillings in economic losses following his 2008 post election mass action).
It must then be taken to mean that the Kenyan court has ex-parte, without wanting to hear any representation from us, and without due regard to the indefeasibility of our rights as citizens of Kenya, decided that I, my co-Principals and the entire CORD fraternity, cannot enjoy any of the rights granted to us by Article 37 of the Constitution.
Further, against all principles of Constitutional law, dictates of responsibility of government and basic common sense, the court has purported to create a hitherto unknown legal responsibility for the conveners of an assembly to be personally liable for the independent personal conduct of all attendees.
(According to Raila, the courts have no business in stopping reckless politicians from inciting Kenyans into violence, carrying out massacres and destroying the economy. To him perpetrators of such atrocities should not be punished like it happened during 1992, 1997, 2002 and 2008 post-election violence. He would rather innocent blood is shed every election cycle and it is apparently overdue since the last election.)
In what we now call the dark days, the Judiciary became an ally of the Executive in the abuse of the rights of people, particularly those who fought for greater democratic space. We all remember how Judges like Norbury Dugdale were kept as watchmen for the Executive and readily issued any order, however outrageous, that was needed to stop the exercise of fundamental rights that the State considered to be a threat to its dictatorship.
Rulings like the one issued against CORD today only fortify our concern that Kenya is marching backwards to the dark era, instead of forward to a happier, freer society that we long desired and fought for.
It is disheartening to see that we are going back to those days and that it is happening under the new Constitution.
Kenyans have put their faith in this Judiciary and in you as its Chief Justice to restore the constitutionalism that was abused in the years past and to restore, preserve and protect their liberties against all threats from the State.
You must not let Kenyans down.
We hope that this matter will receive your urgent attention and intervention. On our part, we in the CORD fraternity shall ignore this attempt at unconstitutionally delimiting our rights and shall continue with our planned assembly and demonstration as was intended by the people of Kenya when they promulgated the Constitution. The Constitution is on our side.
(Raila’s selective choice of his “people of Kenya” is as outrageous as it is ridiculous it appears there are two sets of Kenyan people in his mind, those who thrive and get key positions in an environment of political upheaval, and those who should demonstrated against or destroyed by mass action if order prevails. No where does the Constitution prescribe mass action as a democratic alternative to elections in which he does not win the presidency.)
RT. HON(should perhaps be interpreted to mean Retired Honourably but could soon be dishonourably) RAILA ODINGA,
LEADER, ODM/ CORD COALITION
JULY 4, 2014.
Evidence available to the public shows the ruling was the result of a mutual consent between lawyers representing the petitioner Nairobi Senator Mike Mbuvi Sonko and lawyers representing Raila and his other CORD colleagues.
So why did the former Prime Minister file a complaint over the ruling or his and CORD’s lawyers were reading from different scripts when they agreed to the court decision? Simple, to create confusion!
The Judiciary’s reaction was prompt and the relevant documents on the court decision were made public:
July 5, 2014
Please find attached the Order made by Consent of the Parties in Nairobi HC Constitutional Petition No. 285 of 2014 on July 4th 2014 before Justice Isaac Lenaola.
All the parties participated in crafting, correcting, and making the final version of the Consent Order and there was no party who objected to any clause.
All the parties voluntarily appended their signatures to the Court record to signify their acceptance of the terms of the said Order:
As Raila was penning his letter a group of Kikuyu elders were gathered at Uhuru Park conducting a ceremony intended to cast away demonic spell upon youths attending Saba Saba rally not to engage in evil activities. They warned that if the rising political temperatures went unchecked, the country is likely to degenerate into chaos.
Kikuyu elders ceremony to exorcise Saba Saba demonic spells
The elders were conducting a prayer tour of Uhuru Park Friday morning. Speaking on the planned Cord Saba Saba rally, they called on political leaders to promote peaceful co-existence in the country.
The elders further urged the leaders to avoid a repeat of the 2007-2008 post poll chaos that left over 1500 people dead and displaced over 650,000 families..
“The country is at crossroads. We must pray for this country because as it looks, we are headed to a dangerous ethnic and political violence,” the elders said. The elders were accompanied by another group called the Kenya Women for Peace group that said they will lobby women parliamentarians to push for peace building in the country.