Raila wants case to lock him from polls dismissed

Azimio la Umoja One Kenya Alliance coalition party flag bearer Raila Odinga has urged the court to throw out a case seeking to lock him out of the General Election.

Raila, who is also the Orange Democratic Movement (ODM) leader argues that the case filed last month by George Bush and John Kenga is an abuse of the court process and only meant to annoy him.

According to him, they have jumped the gun as there is no evidence that they lodged a complaint before police for him to be investigated over the 2018 swearing-in as peoples’ president.

Raila is of the view that Bush and Kenga have already adjudged him guilty without giving him an opportunity to write a statement on what transpired and without any investigations conducted by the police.

“The issues raised in the application are allegations pertaining treason and therefore criminal in nature and this court lacks jurisdiction to hear and determine criminal matters…  The applicants are simply vexatious and scandalous litigants who have no intention to prosecute the respondent and whose intention is to vex the respondents,” says Raila.

His lawyer Paul Mwangi argues that the case is defective, as it wants the court to usurp the role of other independent bodies. At the same time, he asserts that they have invoked the names of Miguna Miguna and Ruaraka MP Tom J Kajwang without giving them an opportunity to rebut the claims.

The duo filed the case a week after nominated Member of Parliament David Ole Sankok, an ally to Deputy President William Ruto, swore to sue Raila over the 2018 swearing-in as peoples’ president. In this case, Bush and  Kenga want the court to compel Director of Criminal Investigations George Kinoti, Director of Public Prosecution Noordin Haji, and Inspector General of Police Hillary Mutyambai to institute criminal charges against Raila.

They claim that President Uhuru Kenyatta’s handshake partner has never been called to account for his January 30, 2018 act that goes against established laws. The two also want the court to bar ODM from participating in the 2022 duel until the party is cleared from treason allegations.

Oath not unlawful

“The application will be overtaken by events if the sixth and seventh respondents are not immediately barred from participating in any electoral activities until proven guilty,” the case filed before High Court reads in part.

Bush claims he is a registered voter in Starehe, Nairobi County. He swore an affidavit to support the case. According to him, he is aggrieved that the event was premeditated and, a planned political event whose consequence should be either punishment by life imprisonment or death. He stated that others who were present when Raila allegedly took the oath include deported lawyer Miguna Miguna who is currently barred from coming to Kenya, Ruaraka MP Tom J Kajwang and who were allegedly charged in court.

Kajwang was charged before a Kajiado court, but was acquitted after the court found that there was nothing wrong with the oath. Chief Magistrate Stephen Mbungi said the accused did not commit any crime when he sworn in the ODM leader as the people’s president in January last year. The magistrate ruled that the oath taken by the Raila after the disputed 2017 presidential election was not unlawful, and that he would have only been held responsible if he used his swearing-in to commit a crime.

People’s President

“From the content of the oath, Hon Raila Odinga swore himself to the office of the people’s president which does not amount to any crime. He would have only breached the law if he swore himself as president of the Republic of Kenya,” ruled Mr Mbungi.

According to the magistrate, Raila’s actions did not amount to treason as claimed by the Director of Public Prosecutions and the oath he took was lawfully administered in accordance with oaths and declaration laws. He said that the swearing-in would have only amounted to treason if Raila and the organisers of the event declared their intention to overthrow the Government.

The oath did not talk of the people’s president of the Republic of Kenya. It only talked of the people’s President- The law on the other hand talks of The President of the Republic of Kenya. The Oath was not unlawful for it did not bind Mr Odinga to commit any crime or did he swear himself to a lawfully established office when not qualified for it,” he ruled.

Mbungi added that the manner in which the President is sworn into office is provided for in the Constitution, and that what Raila and his supporters did on that day was not unconstitutional.

In the case now before the High Court, Bush and Kenga say failure to investigate Raila and prosecute him gives an impression that there is a certain class of Kenyans who are untouchable.