Anxiety in URP over the ‘Ruto Question’

Saturday, December 6, 2014, By WALTER MENYA and JUSTUS WANGA

United Republican Party (URP) member and Senate Devolved Government Committee chairman Kipchumba Murkomen (left) addressing the press in Nairobi on October 13, 2014. After a meeting with other party members on December 5, 2014, Senator Murkomen sought to downplay any anxiety among Mr Ruto’s supporters, saying the Jubilee Coalition was not established on the ICC cases. PHOTO | BILLY MUTAI |   NATION MEDIA GROUP

In Summary

• The Sunday Nation has learnt that some of Mr Ruto’s allies retreated to an informal meeting at a Nairobi hotel on Friday night to ponder the next move, hours after ICC Prosecutor Fatou Bensouda withdrew charges against President Kenyatta.
• Ainabkoi MP Samuel Chepkong’a, who chairs the Justice and Legal Affairs Committee in the National Assembly, however, said what some may perceive as an acid test for the unity of the coalition was just a passing cloud.
• Foreign Secretary Amina Mohammed had said that the government will remain engaged as before until the case is concluded.

Anxiety has gripped the URP wing of the Jubilee Coalition following fears that the government machinery may take its foot off the pedal after the International Criminal Court (ICC) withdrew charges against President Uhuru Kenyatta.

The fear is that Deputy President William Ruto may only receive lukewarm State support in his trial for crimes against humanity charges linked to the 2007-2008 post-election violence which he faces alongside former radio journalist Joshua arap Sang.

The heightened activity registered in Mr Ruto’s URP, which is in a coalition with President Kenyatta’s TNA, moments after the announcement exposed this reality. 

The Sunday Nation has learnt that some of Mr Ruto’s allies retreated to an informal meeting at a Nairobi hotel on Friday night to ponder the next move, hours after ICC Prosecutor Fatou Bensouda withdrew charges against President Kenyatta.

An MP who attended the meeting, but who spoke on condition he is not identified, said the overriding agenda was reinforcing the defence in Mr Ruto’s case and ensuring continued government support.

DON'T ABANDON RUTO
Sources also revealed that another informal meeting took place at the Nairobi Spring Valley home of a Cabinet Secretary associated with the URP side of the government. The meeting, on the sidelines of a graduation party, lasted until midnight.

Most of the Mr Ruto’s allies who attended the meetings, however, declined to comment on record. 

Elgeyo Marakwet Senator and Mr Ruto’s confidante Kipchumba Murkomen, however, sought to downplay any anxiety among Mr Ruto’s supporters, saying the Jubilee Coalition was not established on the ICC cases.

“The President and his deputy joined forces to bring peace among the warring communities in the Rift Valley region together. We are aware that our competitors are scavenging on this to get some relevance,” he said.

But it is perhaps the Bomet East MP Bernard Bett who captured the feeling within the larger URP fraternity when he asked President Kenyatta not to abandon Mr Ruto at his hour of need.

“We congratulate the President on this relieving development. He should, however, not rest until his deputy is acquitted — otherwise it would be an act of betrayal,” the MP said.

The lawmaker urged Ms Bensouda to also withdraw the charges facing Mr Ruto and Mr Sang.

ONE DOWN, TWO MORE
Ainabkoi MP Samuel Chepkong’a, who chairs the Justice and Legal Affairs Committee in the National Assembly, however, said what some may perceive as an acid test for the unity of the coalition was just a passing cloud.

“There is no problem in Jubilee; the withdrawal never came as a surprise. Before you realise it, charges against the Deputy President and Sang will also be dropped,” he said.

On Saturday, Mr Ruto appeared keen to show that he was unmoved by the development and if he was then it was in sharing joy with his boss.

Speaking in Watamu, Kilifi County, where he opened police posts at Ngerenya and Kizingo areas in a constituency represented by perceived ODM “rebel” Gideon Mung’aro, the Deputy President said the fact that the President was no longer facing charges will not affect their relationship.

“Our desire with President Kenyatta is to unite this country. That is what brought and keeps us together. We thank God and the millions of Kenyans who have prayed for us until the case against the President collapsed,” he said.

Speaking in the same forum, National Assembly Majority Leader Aden Duale said cases at the ICC are political and should be terminated, a position supported by his Senate counterpart Kithure Kindiki.

“It was clear right from the start that the cases were heading nowhere. We ask the prosecutor to do the honourable thing and terminate them,” Prof Kindiki said.

And in a show of solidarity, President Kenyatta through State House official Munyori Buku stated: “One down, two cases left, the Deputy President is an indispensable part of the Jubilee administration and he deserves to be discharged so he can concentrate on the mandate given to him by Kenyans.”

AN INDISPENSABLE ASSET
Gatundu South MP Moses Kuria, a member of TNA, told The Sunday Nation that suggestions that the government will take its foot off the pedal are far-fetched. He said the government will lobby the African Union to have the remaining case dropped.

When she broke the news on Friday during the President’s roundtable with the Kenya Private Sector Alliance, Foreign Secretary Amina Mohammed had said that the government will remain engaged as before until the case is concluded.

“We are not done yet, we will pursue the dropping of the charges of the other case… with the same energy and passion,” she said.

Not wanting to be seen to celebrate so much while his co-principal in the Jubilee coalition is still fighting the charges, President Kenyatta similarly expressed support for his deputy.

“I stand with them, and will support them and pray with them until that time. As my deputy and principal assistant, William Ruto is an indispensable asset in my government.

I look forward to the day when we shall not have the distraction of the trials, so that we can continue delivering our transformational agenda to the people of Kenya.”

He personally called Mr Sang, Mr Ruto’s co-accused, who is attending the trials in The Hague. 

“My President Uhuru Kenyatta called to assure me of his support on our case… Congratulations Mr President. You are free, we are free too,” said Mr Sang after talking to the President.

However, some observers believe the government’s commitment could wane now that the President’s case has been withdrawn.

CONSPIRACY THEORIES
Lawyer Ahmednassir Abdullahi said the ramifications of withdrawing the case will be felt locally and internationally.

“African leaders and other critics of the court will jump onto that to justify their claims that the ICC was pursuing political cases.

Locally, there will also be conspiracy theories as people will start asking why the President’s case has collapsed while his deputy’s is ongoing,” said Mr Abdullahi.

In addition, the lawyer said the government machinery could also become disengaged from the ICC process, a situation that will further fuel the conspiracy theories and this “might upset the other side of the coalition (URP)”.

Mr James Mamboleo of the Africa Nazarene University’s law school said the zeal with which the government machinery pursued the Kenyatta case may wane sooner rather than later. He noted that the history of the cases showed they were different.

He said at the time he was charged Mr Ruto was in the ODM wing in the Grand Coalition and the government machinery, largely believed to be controlled by the PNU side, was cooperating with the ICC.

“Some of the people who were key in government then are still occupying high positions in the current government,” he said.

He was alluding to the allegations raised by Mr Ruto’s lawyers in court that Defence Principal Secretary Mutea Iringo and the President’s political advisor Nancy Gitau were involved in “fixing” Mr Ruto in their official roles in the previous government.

A section of leaders from Mr Ruto’s backyard have in the past unsuccessfully called for the sacking of the two.  

NON-COOPERATION
The same voices have questioned the zeal with which TNA supporters want Nyeri County Woman Representative Priscillah Nyokabi punished for allegedly taking part in procuring and protecting witnesses against President Kenyatta when she worked for Kituo Cha Sheria, a Non-Governmental Organisation, while Mr Iringo and Ms Gitau remain untouched.

Ms Nyokabi has, however, denied the allegations.

“For now the government will put up a public relations exercise to pursue the withdrawal of the Ruto case. But I am sure the enthusiasm will not be the same as it has been in the Kenyatta case,” said Mr Mamboleo.

And if the government machinery chooses to support Mr Ruto, it will be interesting to see the mode such support takes because the hardnosed approach taken by Mr Kenyatta, is different from Mr Ruto’s non-combative path.

“The government machinery will be very uncomfortable playing into the Ruto strategy. In fact, if Ruto succeeds in his case it will not be because of the government’s pursuit but probably because of the complexities of running a criminal prosecution,” said Mr Mamboleo.

Questions have also being raised whether the government will comply with an asset freeze order from the ICC if it is issued in the case against Mr Ruto.

The government, through the State Law Office and other agencies had fought off the ICC Prosecutor’s request for identification of President Kenyatta’s financial and property records, partly leading to the collapse of the case — something pointed out by Ms Bensouda when she withdrew the case on Friday.

She said the case was weakened by the “failure of the Government of Kenya to cooperate fully and effectively with my investigations in this case.”