Raila, Kalonzo, Mudavadi out of integrity suit

By Wahome Thuku
NAIROBI, KENYA: The integrity of Prime Minister Raila Odinga and Vice President Kalonzo Musyoka’s will not be scrutinised by the High Court after all.

Raila and Kalonzo, both Cord Alliance presidential candidate and running mate respectively, have escaped the possible scrutiny after their names were struck out a petition questioning their integrity.

Also free from similar determination is Deputy Prime Minister Musalia Mudavadi who is the Amani Coalition presidential candidate.

The three have escaped through a technical hitch, after the petitioners failed to serve them with the court papers, prompting the High Court to strike their names out of the suit.

In the meantime, the Chief Justice has appointed a five judge bench that will now hear the petition challenging the candidacy of Deputy Prime Minister Uhuru Kenyatta and former Eldoret North MP William Ruto.

The five judges are Mbogholi Msagha, Luka Kimaru, Hellen Omondi, Pauline Nyamweya and George Kimondo.

The question as to whether Uhuru and Ruto should contest the topmost public offices has been pending in court since January last year.

Three activists filed a petition in January seeking determination as to whether Uhuru and Ruto can pass the integrity text fond in Chapter Six of the Constitution with pending cases at the International Criminal Court (ICC). But the three, Charles Omanga, Mr Patrick Njuguna and Augustine Neto (now Ndhiwa MP), had only named the Attorney General as respondent and the two politicians as interested parties.


In September, the petitioners through their lawyer Ambrose Weda amended the case to include the names of Raila, Mudavadi, and Kalonzo. They raised questions about their suitability for public office over varying allegations ranging from abuse of office, nepotism and corruption, among others claims.
The amendment was rejected by the High Court prompting the petitioners to withdraw the case late last year.

Soon after, four similar petitions were separately filed in the High Court naming all the five candidates as respondents.

One was filed against Uhuru and Ruto was also filed by the Centre for Policy and Conflict (ICPC), a Nairobi based NGO. They also named the Attorney General and the Independent Electoral and Boundaries Commission (IEBC).

Another one was filed by Mr Charles Ndungu Mwangi and a lobby group – Public Corruption, Ethics and Governance Watch – seeking a declaration that the candidature of the five politicians is contrary to the spirit of Chapter Six of the Constitution.
 

They sought to have Raila barred over his alleged role in the failed coup attempt in 1982, his lack of clear academic credentials and the alleged grabbing of Kisumu’s Molasses plant, among others.

The petitioner claimed Kalonzo was involved in land grabbing. He claims the VP had been found guilty of contempt of court and fraud in a High Court criminal case in 1990.

They claimed Mudavadi, lied to the Goldenberg Commission of Inquiry on his role in the scandal. He is also accused of turning a blind eye to the multi-million shilling cemetery scandal at City Hall while he was Minister for Local Government.

On Thursday last week, High Court Judge David Majanja ordered that the cases be consolidated and heard by a bench of not less than three judges to be named by the CJ. The Judge also set out the legal issues to be determined by the bench.

What got Raila, Musalia and Kalonzo of the hook was the additional order that any party not served with the petition papers be struck of the record.

“Any respondents who are parties to the petitions and have not been served with court process are hereby struck out from these proceedings, Majanja ruled on Thursday.

When the case went before the five judge bench yesterday, it emerged that the three top politicians had not been served with the papers by the petitioners. They had technically been removed from the case by the court even without their knowledge.

Earlier the petitioners had claimed they were unable to reach Raila, Kalonzo and Mudavadi to serve them with the papers. They had applied to be allowed to serve them with the petition through the media but judge Majanja had directed them to make a formal application.

The consolidated case now has six petitioners who include the ICPC, The Kenya Human Rights Commission and the International Commission of Jurists (ICJ) Kenya. The respondents are Uhuru, Ruto, the AG, the IEBC and a Mr James Gesami while the The National Alliance (TNA) is an interested party.

Yesterday most of the parties said they had not filed submissions as directed last week by the court. The judges directed that they file submissions and exchange the papers by Friday.

“Any party who will not have served will be deemed to have lost interest in the petition,” said Justice Mbogholi.

The consolidated petition will now be heard on February 6, and only for one day.

However lawyers indicated the likelihood of taking the matter to the Supreme Court if and after Uhuru and Ruto are cleared by the IEBC.

The Supreme Court ruled recently that it would be the forum to deal with any disputes arising from the nomination of presidential candidates by the IEBC except those by the political parties.

Yesterday lawyer Lucy Akaka said Mr Weda intended to withdraw from the case due to conflict of interest.

Ms Akaka was instructed to inform their clients of the intention to withdraw and to have them present in persons in court on the hearing day.

The TNA lawyer Kibe Mungai said their response would be determined by what happens today when Uhuru and Ruto present their nomination papers to the IEBC.

The trials for Ruto and Uhuru at The Hague begin on April 10 and 11. Uhuru is charged with former Head of Public Service Francis Muthaura in the second case, while Ruto is charged in the first case with radio journalist Joshua arap Sang.

The removal of Raila, Kalonzo and Mudavadi from the suit is likely to generate debate in the next few days as the leading presidential candidates and their running mates go before the IEBC for clearance. Mudavadi presented his papers yesterday.