Return to repression taking shape, Raila warns

By OSCAR OBONYO
oobonyo@standardmedia.co.ke

Former Prime Minister Raila Odinga has criticised President Uhuru for alleged failure of leadership, claiming that the president was a willing participant in a scheme to destroy the Judiciary and other autonomous institutions.

“A pattern of a return to repression is taking shape. What is being attempted currently is to establish a country of presidential and legislative tyranny, and where no other institution in and out of the Government will be allowed a voice,” reacted the leader of Coalition for Reforms and Democracy (Cord) in a hard-hitting statement to newsrooms.

Raila was reacting to the latest development in the Judiciary, where the President has set up a tribunal headed by retired Court of Appeal Judge, Aaron Ringera, to investigate six members of the Judicial Service Commission (JSC). The six have been suspended.

The former PM maintains the appointment of the tribunal is a wider scheme that must be viewed in light of what is going on in the country.

Example

Raila lists the enactment of the Kenya Information and Communication Bill by the National Assembly, “which contains severe limitations on the freedom of the media in Kenya” and ongoing debate on amendments to the Public Benefits Organisations Bill, “the passage of which will severely limit funding for civil society organisations in the country, and bring an end to the culture of civic vigilance” as part of a government scheme to stifle freedoms of Kenyans.

“Viewed together, these three developments lead to the conclusion that the Jubilee government is determined to bring an end to all autonomous institutions in the country,” claimed Raila.

Law Society of Kenya (LSK) chairman, Eric Mutua, separately expressed similar sentiments. He expressed suspicion at the apparent coincidence in the crafting of the media and NGOs Bills and the move against JSC.

“This may well be diversionary tactics by Jubilee to take attention away from the more serious and itchy problem of ICC that the country has been sucked into,” Mutua told The Standard on Sunday.

Cord co-principal Kalonzo Musyoka accused the Jubilee administration of trying to dismember and weaken the Judiciary, “in a similar way it has done other institutions”.

In his statement, Raila paints Uhuru as a willing participant in the wider scheme to weaken the Judiciary: “Our belief in the rule of law brings us to the defence of the Judiciary, even though we do not admire its record. We call upon the Judiciary to remain steadfast in the face of this blatant bullying by the presidency and the Legislature.”

The people of Kenya, charged the Orange Democratic Movement (ODM) leader, must wake up to the fact that the new Constitution “which they enacted and which they cherish, is now under threat because of the actions of this government”.

But in a rejoinder, Leader of Majority Aden Duale asked the former PM to stop playing populist politics and “let our President work to deliver to people of this Republic”.

Speaking to The Standard On Sunday from Algeria, where he is on official visit, Duale explained it was not the President’s choice to form the tribunal but rather a constitutional dictate. He further reassured NGOs that there was nothing to worry over the Bill before the House.

“We have been engaging the civil society and as Leader of Majority I want to confirm to them that we have reached a middle ground on this matter,” he said.

Mombasa Senator Hassan Omar advised the suspended commissioners not to appear before what he called a “kangaroo tribunal”. He said the move by the president was a scheme to undermine the independence of constitutional commissions especially the JSC.

Mutunga exposed

The decision by the President leaves the Chief Justice, Dr Willy Mutunga, who is head of the Judiciary, completely exposed. What is more is that the grounds under which the six members of the JSC have been suspended are similar to those filed by a civil society activist against Mutunga.

Elgeyo Marakwet Senator Kipchumba Murkomen pointed out that the President’s move has vindicated former Chief Registrar of Judiciary Gladys Boss Shollei against her accusers in the JSC. The import of Murkomen’s sentiments is that Mutunga, like the six – Prof Christine Mango, Ahmednassir Abdulahi, Mohammed Warsame, Emily Ominde, Florence Mwangangi and Dr Samuel Kobia – has every reason to look behind his back.

In his statement, Raila takes issue with the choice of members of the tribunal to look into the suitability of the six, claiming all four have close ties with the ruling party.

“The inescapable conclusion is that their selection is motivated by a desire to reach a pre-determined outcome. The proposed tribunal is, therefore, an act of deception, clothed in the formalities of a constitutional process. Cord rejects both the individuals selected and the idea of the Tribunal, and calls upon the president to revoke the appointment,” said the former PM.

But reacting to the development, the Director of Public Communication in the Office of the President Munyori Buku maintained the President “simply did what the Constitution says he should do”.

And in apparent defence of the team’s connection with Jubilee, Buku explained: “The law and the Constitution demand that the chairman be a person who has held the position of judge of a superior court. Justice Aaron Ringera fits the bill. In fact, he has not only been a judge of the Court of Appeal, but also a Solicitor General. But this is not a Ringera tribunal; it has three other members.”

The LSK boss challenged the inclusion of Ringera, noting that he was one of the applicants for the position of Supreme Court judge. “He faced the same team he is supposed to investigate and was denied the job. How do you expect him to discharge his duties fairly against the same people?” asked Mutua.

Challenge

The LSK opines the six JSC officials are likely to file an injunction challenging the setting up of the tribunal: “If they successfully do so, there will be a paralysis in the Judiciary. This is because there is already a backlog of cases to be executed and the JSC was supposed to hire 40 new judges from January next year.”

The former PM puts the blame squarely on the President, stating “we have reached here because of a failure of leadership at every point. There was a failure of leadership when the Speaker of the National Assembly allowed the Justice and Legal Affairs Committee to assume jurisdiction over the dispute between the Judicial Service Commission and the former Chief Registrar of the Judiciary despite the fact that this was an internal issue of the Judiciary and secondly, notwithstanding the fact that the matter was still under deliberation within the JSC,” he explains.

According to Raila, there was also a failure of leadership when the National Assembly adopted the report of the Legal Affairs Committee calling for a tribunal for the removal of the six members. Better counsel, he argues, would have led to the search for a more amicable way of dealing with this matter at that point.