CORD alleges plot to arrest leaders

Raila Odinga’s Opposition team has raised fresh claims against President Uhuru Kenyatta’s administration over a letter authored by a high-ranking State House official which they claim betrays Jubilee’s plot to have their leaders arrested and charged with treason.

Though the alleged recipient of the letter waved by Raila’s team at a news conference Wednesday, Solicitor General Njee Muturi denies any knowledge of it, the Coalition for Reforms and Democracy (CORD) leaders claimed it was a prelude to their arrest and was authored by the President's Chief of Staff and Head of Public Service Joseph Kinyua.

The leaders claimed their fears were informed by a resolution allegedly made by the National Security Advisory Council (NSAC), as spelt out in the letter, which met two weeks ahead of their Saba Saba rally on July 7.

They said that the letter suggested that some of them may be arrested and charged with treason over claims of plotting to take over power unconstitutionally.

CORD Principals Kalonzo Musyoka, Moses Wetang'ula and Raila convened a news conference and released the letter allegedly from NSAC to solicitor General Njee Muturi following the top security organ's meeting held on the June 23.

"We are in possession of a copy of a letter dated June 24, 2014 written by Mr Joseph Kinyua and addressed to Mr Njee Muturi and copied to Attorney General Prof Githu Muigai whose contents are extremely disturbing and constitutes a drastic reversal of the democratic gains attained by the enactment of the new Constitution," Kalonzo charged on behalf of CORD.

According to Kalonzo, the letter demonstrates the desire and scheme of the Jubilee administration "to use the law of treason to achieve political objectives, unrelated and extraneousness jurisprudence of Kenya's criminal justice system".

"This letter is the clearest indication that the Jubilee administration wants to arrest and detain the leaders of CORD on charges that have no basis in the Constitution and the law in order to emasculate the Opposition and give the regime an opportunity to introduce imperial presidency and despotic rule," Kalonzo, a former Vice President, added.

In the letter, Kinyua is quoted reporting that NSAC met to deliberate on various issues and had recommended, among others, a crackdown on politicians allegedly planning to overthrow the Government.

"On political incitement, the Solicitor General, State Law Office, to advice NSAC on the application of the law on treason in relation to political incitement aimed at taking over power through unconstitutional means," the letter marked 'SECRET' recommended in part.

The NSAC also asked the Solicitor General in conjunction with the Inspector General and Director of Criminal Investigations Department to facilitate the protection of witnesses who have recorded statements following the Mpeketoni attack in Lamu County under the Witness Protection Programme.

Wednesday, the Solicitor General said he could not comment on the letter since he had not seen it. "I am not aware of that letter," Njee told The Standard on phone from Switzerland where he is on an official visit.

National Assembly Majority Leader Aden Duale, in response asked: "Why is CORD panicking if the letter they have shown you is not listing their names?" He went on: "The NSAC letter only talks of general political incitement and in any case if they commit any crime, the Director of Public Prosecutions, who is independent from the purview of Jubilee and the Executive, will discharge his duties as per the law and will not be directed by anybody."

During the Press conference held at CORD secretariat in Upper Hill, Nairobi, the Opposition leaders said they were concerned that NSAC had not copied the letter to the Director of Public Prosecutions, who is mandated by the Constitution to steer prosecution processes.

"We are also concerned that the initiative by NSAC excludes the office of the DPP, a constitutional and independent office with the mandate to undertake or to withdraw and terminate criminal prosecutions."
The Opposition complained that NSAC's composition does not reflect the face of Kenya, which they said could have influenced the decision to apprehend them.

"We are concerned about the membership of National Security Council and National Security Advisory Committee which does not portray the face of Kenya and is prone to fall prey to the advancement of a parochial and hegemonic agenda in the country to the detriment of national unity," Kalonzo added.

The principals were accompanied by senators Boni Khalwale (Kakamega), James Orengo (Siaya), Johnstone Muthama (Machakos), Anyang' Nyong'o (Kisumu) and MPs Eseli Simiyu and Junet Mohamed as well as Kisumu Deputy Governor Ruth Odinga.

The Opposition leaders said that it was unfortunate that the State was returning the country to dark days of detention by seeking to use the treason law that was repealed in 1997 alongside detention without trial.

CORD, which had been holding rallies to push for National Dialogue, ahead of the July 7 (Saba Saba) deadline, abandoned the demand after the rally in Nairobi and is now planning to collect one million signatures to push for a referendum.