Deputy President William Ruto takes on Raila Odinga over Jubilee record

Monday, December 2nd 2013, By Robert Nyasato and Rawlings Otieno 

Kenya: Deputy President William Ruto has defended the Jubilee government over its handling of Judiciary matters and laws seeking to gag the media and cripple non-governmental organisations. Dismissing criticism from former Prime Minister Raila Odinga, whom he described as “living in the past”, Ruto quoted the Bible liberally while insisting that the Government respected the Constitution. On Friday, Raila slammed President Uhuru Kenyatta for suspending six Judicial Service Commission (JSC) commissioners and setting up a tribunal – dominated by individuals seen as close to his administration – to investigate them for alleged misconduct. Raila claimed Uhuru’s action was an attack on the Judiciary’s independence. “Those believing that the Government has broken the law in the way it is managing this country are living in the past.

I want to say that our friends have either not read the Bible or the Constitution on matters of leadership,” Ruto said Sunday at the Jesus House of Praise in Meru town. “It should be clear that the Constitution states that each and every institution in this country should be accountable for what it does. Even in the book of Romans, chapter 14, verse 12, we are told that each one of us will give an account of what he has done,” he added. 

The war of words raged as Parliament convenes tomorrow for a defining week. MPs will consider the President’s memorandum on the Kenya Information and Communications Amendment Bill described as far more offensive than the initial Bill passed by the National Assembly. Also on the cards is an omnibus legislation that, among others, seeks to review the regulation of NGOs, including limiting the amount of foreign funding they can accrue. Critics say the Bill could hurt NGOs that seek to hold State authorities and others to account. Sunday, MPs, including an ODM member, defended Uhuru from attacks by Raila over formation of the tribunal to probe JSC members. The MPs argued that Uhuru had acted on a resolution by Parliament hence it was hypocritical to accuse him of violating the law. Shift blame South Mugirango MP Manson Oyongo defended Uhuru, saying he had only implemented a resolution of the National Assembly.

“Personally, I am not happy with the President’s decision but his hands were tied because he acted on a resolution of Parliament,” said the ODM MP. He said the CORD leadership in the august House had failed and it should not shift blame to the President. “The problem emanated from Parliament where CORD MPs supported the Bills. Let us be honest with each other on these issues,” Oyongo added. The MP said he was personally against the embattled JSC members being probed, arguing that there were no concrete grounds laid in the House to warrant such a tribunal. But it would have been wrong of the President to ignore a recommendation by Parliament, he added. “Whether the President was right or not is now water under the bridge.

 Let us wait and see what the tribunal will come out with,” he said. The chairperson of the Constitution Implementation Oversight Committee (CIOC) Njoroge Baiya said Raila was within his democratic rights to express his opinion on the President’s move. “We’re trying to implement the Constitution and such reactions are expected given that these are purely new undertakings,” Baiya told The Standard Sunday. The Githunguri MP added: “The outburst by Raila is nothing out of the ordinary because any contested issue will elicit such reactions.” The chairperson of the Justice and Legal Affairs Samuel Chepkonga said the President acted within the law in forming the tribunal. “The President had no discretion but to appoint a tribunal after Parliament passed a motion against the JSC. 

President Kenyatta acted in compliance with the law,” Chepkonga said. Chepkonga wondered what was wrong with investigating JSC members, saying the principal of separation of powers did not arise as Parliament acted against the commission and not the Judiciary. “The JSC was a creature of the National Assembly and must be checked. As a committee we were apolitical in handling this matter and even threw away many allegations, including one that Chief Justice Willy Mutunga was coached ahead of his interview,” Chepkonga said. 

Chepkonga accused the Law Society of Kenya (LSK) of hypocrisy, saying the body was given a chance to appear before his committee but chose to stay away. “The LSK can’t pretend to take a position now yet they squandered an opportunity to appear before us,” he said. The JSC commissioners landed in trouble following a long and ugly conflict with Gladys Shollei, whom the commission eventually sacked as Chief Registrar of the Judiciary. Kitutu Chache South MP Richard Onyonka said he believed in due process being followed and if the President felt there was need to intervene in the JSC saga then he had the legitimacy to appoint a credible tribunal. However, Onyonka said Kenyans had reservations about the choice of retired appellate judge, Justice Aaron Ringera, to chair the tribunal since the same JSC had found him unsuitable to serve as Chief Justice.

Media Bill “Will the decision of the tribunal be free and fair given that the same commissioners interviewed him?” Onyonka wondered.

 Elgeyo/Marakwet Senator Kipchumba Murkomen accused ODM leadership of double speak and insincerity over the media Bill and JSC issues. “Leaders need to be honest and sincere in what they are talking about. ODM leadership met recently and resolved to support the media Bill and we are wondering why they have retracted their earlier resolve,” he said. “The President has not made any mistake by suspending the JSC members. In fact, he would have failed in his constitutional duties had he not done as recommended by Parliament,” Murkomen said. Senate Majority Leader Kithure Kindiki said he fully supported the tribunal. “Others are even opposing the Nyumba Kumi initiative where neighbors are encouraged to get to know one another. Surely, what is wrong with people knowing one another? Prof Kindiki asked.