Tuesday, June 26, 2012

GG makes peace with Maina Njenga

Former Cabinet Minister GG Kariuki at a past rally in Nakuru on May 7, 2011.
Photo/FILE Former Cabinet Minister GG Kariuki at a past rally in Nakuru on May 7, 2011.
By NATION REPORTER
Posted Monday, June 25 2012 at 23:30

A former Internal Security minister has pleaded with Mungiki founders to continue working with him.
Mr GG Kariuki, the Mkenya Solidarity Movement party leader, denied that he had disowned Mungiki founder Maina Njenga and his followers.
“I have been misquoted. Please ignore the media reports,” said Mr Kariuki on Monday and angrily accused the media of being used by State agents to spread propaganda.
“These people (journalists) should go for refresher courses and learn how not to misquote people,” he told the former Mungiki leaders at a Nairobi Hotel. He had called a crisis meeting to plead with them that he had been misrepresented by media reports.
During a delegates’ meeting at his Rumuruti home on Friday, Mr Kariuki had said Mr Njenga was a not a member or official of the party despite his conspicuous presence at the Kamukunji launch on June 9.
Mr Njenga was not the party’s presidential candidate, he was reported to have said.
Mr Kariuki was apparently pressurised by the delegates to know the influence of Mr Njenga in the party. The former Mungiki leader hit back, saying he had made Mr Kariuki the acting party leader.

Friday, June 22, 2012

Kenya PM says rivals should go on trial after polls


Raila Odinga Kenya PM says rivals should go on trial after polls
NAIROBI, Jun 12 – Kenya’s Prime Minister Raila Odinga said Tuesday that he supported a decision by the International Criminal Court to put two of his rivals on trial after the elections.
The ICC plans to start hearings against four Kenyans over 2007 post-election violence next March, the same month the east African country holds presidential polls.
Among the four are two of Odinga’s chief rivals in that election – Deputy Prime Minister Uhuru Kenyatta and former minister William Ruto.
An ICC hearing after March 4 – the presumed date of the presidential election in the east African country – would mean both war crimes suspects, Kenyatta and Ruto, would be able to run against Odinga.
Odinga, addressing foreign correspondents on Tuesday, said this would be good for democracy.
“All those competing for the top seat need to be on the ballot,” he said. “This will give Kenyans a right to choose their preferred leaders.”
His opponents have in the past suggested Odinga was using the ICC proceedings to eliminate the challenge posed by Kenyatta and Ruto.
But the premier pledged Tuesday that “there will be no reason for anyone to say that Raila (Odinga) prevented them from vying for an elective seat.”
Odinga was runner-up in the 2007 presidential polls, losing out to current President Mwai Kibaki. The election was highly contested with both camps trading allegations of rigging and fraud.
A political impasse led to violence that left some 1,200 people dead and 600,000 displaced – Kenya’s worst bloodshed since independence in 1963.
The violence ended after the formation of a government that accommodated politicians from both camps.
Odinga has now presented himself as a presidential candidate, while Kibaki is constitutionally barred from running for another term.
The ICC must announce the trial dates for the four Kenyans before it goes on recess after July 13.
Defence and prosecution lawyers for Kenyatta and Ruto this week agreed to start off their hearings in March. Prosecutors demanded a “written undertaking” that they would not skip the trial.
The other two men charged are Francis Muthaura and Joshua arap Sang.
Prosecutor Adesola Adeboyejo said Tuesday that the two separate trials for the four be held at roughly the same time.
One trial if for Kenyatta and Muthaura, who supported the then ruling Party of National Unity; the other for Ruto and Sang, who backed the opposition Orange Democratic Movement.
“We propose that the dates for trial be synchronised as closely as possible for both trials… to avoid tensions that would arise if one of the cases is moving faster than the other,” Adeboyejo said.
Source: Capital FM

A Major Demonstration Planned in Nairobi against Kenyan Politicians

Boniface Mwangi, photo-journalist and activist
Kenyans on social media have organized a major peaceful demonstration on Thursday next week (June 28) in protest against Kenyan MPs' decision to allow MPs to hop from party to party without losing their seats.

The MPs also selfishly cushioned themselves against an amendment in the Election Act that would have required a university degree as one of the qualifications to run for parliament. This means MPs without a degree will be eligible to run for parliament in the upcoming elections, despite the fact that other arms of government such as the Executive, Judiciary and Public Service require the office holders to have a degree.

The MPs further amended the clause in Elections Act prohibiting the presidential aspirants and their running mates from running for other seats. In the new amendment, presidential aspirants and their running mates will also be eligible to run for other elective seats. They will also qualify for nomination to parliament.

Boniface Mwangi, a photo-journalist and one of the main organizers of the demonstration, has asked all Kenyans to turn out for the demonstration, which he described as “a peaceful protest by Kenyans from all ages.” Mwangi Mwangi, founder of Picha Mtaani, further said "“If we don't speak now; our kids will be facing the same problems years to come! Let's join hands & speak up...I'm tired of waiting for others to bring change. For me & my family we shall turn actions into words & do a peaceful protest.”

The demonstration will take part at Uhuru Park's Freedom Corner starting at 10 a.m.

Friday, June 15, 2012

Getting to Know Kenya’s Most Dangerous Gangsters

By Paige Aarhus

Taliban member Caleb Yare said the Luos were unprepared for armed Mungiki raids in Mathare after the 2007 elections. They fought back with pangas and rocks, sometimes dropping cinder blocks from roofs to thwart assailants.

George Kamande rolled back his sleeves to show the scars.

“You take the oath. I cut myself, you cut yourself, we mix it. I suck your blood, you suck my blood, and then we are linked, and you can never surrender,” he told me.

In Kenya, this is the ritual gangsters go through before they head out on a mission, and it happens all too frequently among the residents of Nairobi’s Mwiki neighborhood in the Kasarani district. It’s one of those obscenely poor, sketchy places where people who know better do not wander around solo. I was there recently, on a screamingly hot afternoon, with an appointment to meet members of the Mungiki, Kenya’s most violent and notorious mafia/cult/political movement, which also might be the largest gang in the world.

It was atop a stool in a reeking pigsty where I first met Kamande, a shoe shiner by day who moonlights doing all sorts of thuggish business for the Mungiki. He was not shy about the particulars of his second job. “We’re just mercenaries,” he said when I asked about his assigned duties, which is exactly the kind of half-true answer I expected.

Founded in the 1980s, the Mungiki (which means “multitude” or “masses”) began as a rural religious movement within the Kikuyu tribe in Kenya’s Rift Valley, with an emphasis on anticolonialism and a return to traditional Kikuyu values. But as it spread to Nairobi, it attracted landless, poverty-stricken young men looking for a little extra cash and respect.

Gangsters in Nairobi generally make their living from exploiting illegal electricity hookups, extorting shop owners and taxi-bus drivers, robbery, and murdering people who cross them. But members of the Mungiki take things to another level. They’re shifty, often hypocritical, and occasionally psychotic, even by the standards of their fellow criminals. When there’s a riot that needs inciting, voters who require intimidation, or crimes against humanity to commit, they are the go-to guys, backing up their reputation with a track record of government manipulation, drinking blood, and beheading their enemies.

Kamande explained the Mungiki’s version of campaigning: For the low cost of 100,000 Kenyan shillings (about $1,000), officials can hire 30 to 50 men who will pay a visit to a neighborhood to exert a brutal form of political influence.

Leading up to the 2002 elections, Kamande was part of a group paid to attack opponents of Njehu Gatabaki, a former MP, in the Kangema district of Murang’a County. According to him, they invaded the homes of Gatabaki’s opponents, armed with clubs and machetes, and collected voter-ID cards.

When I asked whether anyone resisted, Kamande chuckled. “We beat them thoroughly. When you see your friend, your brother, your husband being beaten like a dog, you don’t say no.”

Gatabaki still lost, but the Mungiki continued to be a major player in Kenyan politics through voter intimidation and retaliatory attacks. Things got especially bad after the last general election in December 2007. Incumbent president Mwai Kibaki was declared the winner in a vote that split largely along ethnic and tribal lines, and he was sworn in during a super-secret nighttime ceremony. Meanwhile, opposition candidate Raila Odinga declared himself the victor, saying that the courts shouldn’t decide the election because Kibaki controlled them.

The resulting tension between political parties and tribes quickly boiled over, and soon there were reports of brutal murders and sectarian violence throughout Kenya—usually considered the developed, Westernized hub of East Africa. The Mungiki joined in, of course, and when the dust settled the following February, more than 1,000 people were dead. Four years later, the wounds aren’t even close to healing.

In Kasarani’s Ngomongo neighborhood there’s a bar called the Pentagon Pub that has a portrait of Odinga hanging on the wall. Although Kasarani is a stronghold of the Kikuyu tribe (which counts Kibaki among its ranks), this particular district is dominated by Odinga’s Luo tribe, who consider the Mungiki to be immoral savages.

I strolled through the doors behind a group of well-muscled young men. As we entered, everyone inside came to a dead stop, shook the hands of my chaperones, and then bailed immediately. I was hanging with the Ngomongo’s Taliban, and they owned this joint.


LEFT: The Pentagon Pub is a Taliban stronghold in the Ngomongo neighborhood of Kasarani. Note PM Raila Odinga’s photo on the wall. Folks here are really not fans of the current president, Mwai Kibaki.
RIGHT: At the end of this road lies the dividing line between Luo/Taliban and Kikuyu/Mungiki territory in Kasarani. This was the site of some of the most brutal postelection violence in the region.


The Nairobian Taliban may have appropriated their moniker and hardcore ethos from their Afghan namesake, but they’re more concerned with local politics than religious doctrine. An offshoot of a defunct group known as the Baghdad Boys, the Taliban are the Luo tribe’s answer to the Kikuyu’s Mungiki and have been roving the seedier parts of Kenya for close to a decade.

At the moment, the Taliban’s moneymaking activities aren’t too different from the Mungiki’s: extortion, illegally siphoning and selling electricity, and lots of beat-downs. They are also known for their public executions, during which the culprit is stoned until he’s unable to walk and then burned alive.

“Everyone here knows the rules. Everyone has seen someone burned, even children. This is how it is,” said Joash Oluande, the Taliban’s leader.

Oluande, a born-again Christian despite his employment, told me the Taliban are far superior to the Mungiki because Taliban violence is defensive in nature. “Once you become a Mungiki, you would kill even your own mother,” he said. “Taliban fight when the fight is there. We only defend. We take taxes, but there is no extortion. We will not force you to pay.”

“What happens if a vendor refuses the monthly 200-shilling [about $2] protection tax?”

Oluande looked at me as if I were a complete idiot. “No one says no, of course.”

With the 2012 elections looming, Oluande and the boys expect another round of sectarian violence. They’re hoping their man Odinga will win the presidency this time around, a goal they’re prepared to accomplish by any means necessary. “The campaign is dangerous, more than the elections, even,” Oluande said. “That’s when the politicians are paying for work. Many people will leave for the rural areas, but we will stay.”

People will flee for the country because staying in Nairobi could result in getting caught in a brutal crossfire between factions. Last time around, the Kibera and Mathare slums (among others) became unofficial war zones.

Kibera, which is dominated by Odinga supporters, saw hundreds of Kikuyus driven from their homes, many of whom became victims of widespread assault and murder. In Kikuyu-populated Mathare, it was the Luos who were displaced and killed.

In Kasarani, many residents claim that local police and the Mungiki joined forces following the elections. According to Taliban member Caleb Yare, the Mungiki donned police uniforms and were armed with army-issued rifles when they stormed into Mathare.

“The only way you could tell police from the Mungiki was that the police don’t carry pangas [East Africa’s version of a machete],” Yare said. “It was so bad you couldn’t leave your house for fear of being hacked.” He then demonstrated the Taliban’s patented counterattack, which involves smashing attackers with a rock, followed by a swift slash of a panga.


LEFT: Mungiki member John Njoroge shows off his gang’s signature weapon—the panga. A massive beheading campaign against matatu (minibus) drivers led the government to unleash death squads against the Mungiki in 2008.
RIGHT: Mungiki member Stephen Irungu got his head smashed in by the Taliban in 2008. His home was burned and his family fled, but he is still a gangster who will not hesitate to extort the shit out of anyone


Kenya Police spokesperson Eric Kiraithe assured me that most of what I’d heard from the gangsters was propaganda. “The allegations that the government has used them as mercenaries concern me,” he said. “Anyone who was around knows there are many shocking falsities and fabrications. Individual politicians and people in disputes have employed their services. But these guys have never been used to get votes... although, yes, issues of suppression have happened.”

Officially, the Mungiki are outlawed—no politician wants to be openly associated with a group of murderous gangsters. Still, it’s hard to believe that they’ve been entirely cut out of the political process, and Kiraithe did not deny allegations of Mungiki members disguising themselves in police uniforms as they terrorized the slums. “There are a lot of unconfirmed reports of things like this. To get a police uniform in Kenya is not very difficult,” he said, before suggesting perhaps Kenya’s corrupt political system is more to blame than the police.


The International Criminal Court will soon announce whether it will pursue its case against the Ocampo Six, a group of Kenyan politicians thought to have masterminded much of the postelection violence. In confirmation hearings, Deputy Prime Minister Uhuru Kenyatta was repeatedly accused of using the Mungiki to carry out brutal attacks in Nairobi, Naivasha, and Nakuru.

ICC prosecutors are struggling to make the connection between organized crime and politicians. Of course, it will be difficult to determine the complete truth, owing to the fact that very few who witness Mungiki violence and are willing to testify often perish before they make it to the stand.

The potential ICC showdown is just the latest in a series of efforts by the Kenyan government to finally clamp down on the Mungiki. After the 2007 elections, for instance, Operation Ondoa Kwekwe (“Remove the Weeds”) was initiated, but it resembled a war more than a sanctioned police action. A swarm of plainclothes officers infiltrated Mungiki territory, and a string of mass executions followed. A 2009 UN report accused Kwekwe’s death squads of killing 8,000 Kikuyu youths during the operation.

Kiraithe was unapologetic: “It’s not like you were executing people who were innocent. The Mungiki were committing many murders viciously. You couldn’t get a single person to testify. The operation lasted three months, and in my opinion it was highly successful.”

Regardless of its tactics, the crackdown certainly forced the Mungiki underground. Where members were once easily identified by their dreadlocks, many have shaved their heads in an attempt at anonymity. Low-level foot soldiers have taken up day jobs, returning to the grinding poverty that led them to join the Mungiki in the first place.

Some gangsters see the politicians’ hardline response as a betrayal. James Njuguna, another Mungiki member in Mwiki, told me that officials frequently promised them high-paying government jobs and political power in exchange for their violent persuasion of voters, and then turned on them after the elections. “In 2012 they will need us again,” he said. “This is the routine every election and then, afterward, they dump us. We are tired of this routine.” Yet they’re also wary of speaking out too forcefully. None of the men in Mwiki would let me photograph them without putting on sunglasses and a hat, and they refused to discuss who provided them with police uniforms in 2007.

Stephen Irungu, another Mungiki member, was nearly beaten to death by Taliban members while fighting against them in 2008. Half his forehead was caved in and his legs were completely mangled, and he told me that the 3,000 shillings (about $30) he was paid by the government did little to cover his medical expenses. He now works with the Taliban to prevent future violence, but he’s still Mungiki, still a gangster, and still broke. When I attempted to photograph his arsenal of guns, I was suddenly told I would have to pay an outrageous sum for the shots due to “security concerns.” Then a group of much younger, tougher-looking men materialized, demanding money for interviews I didn’t want. When I tried to leave, I was told that I would have to pay for that too. Fucking gangsters.

Irungu laid it out for me plain and simple: “We want peace, we want the fighting to stop... but more than that, we want money. This issue is about poverty more than anything else.”

Thursday, June 14, 2012

Muthaura's Lawyer Takes On US-Based Kenyan Don at the ICC

Prof Makau Mutua
Lawyers for former Head of the Civil Service Francis Muthaura now want the ICC Prosecution to explain the role of university scholar Professor Makau Mutua in its investigations on the Kenyan cases.

During Tuesday’s status conference, one of Muthaura’s lawyers Karim Khan asked the chamber to order the prosecution to disclose Mutua’s role.

“We also ask the bench to order the prosecution to disclose the role of this individual, Makau Mutua with the office of the prosecution and to detail any and all contact they have had with this person,” Khan said and expressed fears the prosecution may have been dealing with intermediaries in discharging its functions.

“Your honours, I would like to be answered by the prosecution and answer whether or not he (Mutua) is or is not an intermediary and otherwise the nature of the relationship, and your honours I would also like to know whether or not the OTP has heard in relation to his articles because he is a weekly columnist or even more than that adverse notice any of the publications that he has put online and which has been published in the newspapers in Kenya because that will assist the defence to know more about this individual who we say should be approached with caution and for reasons which I don’t need to enter at the moment we have misgivings regarding his role,” Khan said.

One of the judges Christine van den Wyngaert said the chamber was duty bound to protect the right of the defence as well as the witnesses as stipulated in the Rome statute.

“This has nothing to do with what the newspapers say,” Wyngaert said and asked the lawyer to provide facts and details about the matter in writing.

The bench also asked the lawyer to address the matter to the prosecution in writing.

“I don’t think the status conference which is to resolve basically logistical issues for the trial, is a proper forum to deal with those kind of issues,” the judge said.

A member of the prosecution Adesola Adeboyejo said they will respond if the defence puts the submissions in writing. “We will respond, based on the timelines your honour will give to us,” she said.

Khan has pledged to make the submissions in writing, but expressed concerns that the prosecution has a tendency of failing to respond to issues raised even when it is put in writing.

Muthaura’s lead lawyer also raised concerns over what he termed “the use of intermediaries to contact defence witnesses.”

“It is in the press in Kenya that one individual David Matsanga is under investigations… I won’t touch on that, but a very worrying trend and a very troubling trend in this case is about one individual Makau Mutua. This individual we say appears a friend to the prosecution,” Khan said.

“And we say for good reason, if one looks at the Buffalo university website of March 2010, and I quote, in mid March; did Mutua travel to the Hague, the Netherlands to train investigators of the ICC who were seeking evidence and it goes on,” Khan explained.

Based on the information on the Buffalo university website, Khan said, Mutua had likely trained ICC investigators.

“So this individual has trained it seems members of the OTP, December 16, 2011 this individual was to take part in a town hall style forum with the prosecutor in New York, this is another press report,” he said.

“This individual in his newspaper articles dated March 9, 2011, and March 17, 2012 talks about this witness to the extent of even giving a purported pseudo name when he travelled, it said on a UN passport,” Muthaura’s lawyer said.

The defence team of the former head of the civil service told the bench it was extremely worried that individuals it described as intermediaries are most likely in possession of information the defence does not have, which is a threat to the ICC case and against the Rome Statute.

“He (Mutua) is privy to information that we don’t have,” Khan said, and added “We also received information that the prosecutor was using intermediaries to contact our defence witness, and we wrote to the prosecution to ask about it, it is unbelievable.”

Last month, the Criminal Investigations Department Director Ndegwa Muhoro wrote to Attorney General Githu Muigai asking him to institute an investigation from the OTP on Mutua’s involvement in witness interference and if he had any involvement with the OTP in The Hague.

The CID has indicated they are investigating if Mutua was involved in witness interference through articles he published in a local daily earlier this year.

Source: Capital FM

Tuesday, June 5, 2012

Why Njenga’s transformation from Mungiki to pastor is not convincing

How do you solve a problem like Maina Njenga? When he was Mungiki leader, his boys raped the conscience of Central Kenya and parts of Nairobi.
Mungiki killed, maimed and extorted money from businesspeople and peasants alike. In a sense, Mungiki ran a parallel rogue state.
And when he renounced the sect, the killings stopped but the extortion continues. In between the atrocities, Maina was arrested and charged with possession of illicit arms, among other crimes.
He was bundled into prison, and there started his transformation from a suspect to Maina Njenga the nationalist.
As the post-election clashes intensified in 2008, politicians across the divide fell over themselves to curry favour with him.
Mr Raila Odinga, whose supposed ODM supporters were being killed in Naivasha by Mungiki, sent him Robert Greene’s 48 Laws of Power and even pledged to facilitate his release.
The head of the most murderous gang in recent history suddenly became a cog in the political wheel of reconciliation.
When he was freed, Maina cast his spell on more people. As the politicians courted him, he struck a national chord and capped it all with benediction.
Out went Maina Njenga the notorious Mungiki leader and in came James Maina Njenga the prophet. Many dismissed this as just another circus, but again we had terribly underestimated this man’s genius.
And so when he renounced the Mungiki, we believed him. Wasn’t he just “born-again” the other day? Soon, the focus shifted from Mungiki and its atrocities to its political benefactors.
The killers became political lambs, and their masters national chaperons for security.
As Saul (Maina) became Paul (Maina), he got another revelation — different from the one that supposedly struck him as a teenager to drop all things Western, including Christianity, and embrace the deadly dogma that fertilised his violent mind.
The spirit, he said, had told him to found a church to save the souls of youths led to crime by poverty and politicians. Maina the layman became Maina the pastor. The transition was not difficult, for he had long been the spiritual leader of Mungiki

And not surprisingly, his church has stood out for two things. First, the profile of the average faithful is a perfect fit for Mungiki. Second, it is the only church where police responding to a distress call have been beaten up.
From the pulpit, Maina has become a nationalist. He castigates politicians for misusing youths for violence and has vowed to lead a generational change in Central Kenya leadership.
The people who only five years ago condemned Mungiki are now courting him with unprecedented lust. Maina has become a trophy spouse for politicians proclaiming their love for youth.
But he has not apologised for atrocities committed in his name. You cannot talk reconciliation when you have murderers and politicians cutting deals among themselves.
Reconciliation is a factor of honest dialogue and integrity, not expediency. This is why I am afraid, very afraid, of this man and his wiles.
I shudder every time I see human rights activists like Hassan Omar and Paul Muite hug Maina with the exuberance only seen among freedom fighters.
I worry even more when Mr Odinga’s allies fall over themselves to entertain Maina. I fear that to our politicians, victory at the ballot box is more sacred than life.
The politicians love him for the votes (and the violent edge) he brings to the campaign trail, giving him a perfect insurance against his sordid past. The so-called human rights activists love him for the cash-cow his ilk present.
At times like this, I realise that it’s not only the law that is an ass. The politics, the economy, the church — the whole society sucks.
I don’t hate Maina, I just love life more. It’s sacrilegious to cheer him on as he dances on the graves of Mungiki victims.
Maina could be “born-again”, but he’s yet to demonstrate he’s not Mungiki. Finding the Lord was a personal journey, now he must not turn the pulpit into a convenient guise for spawning a more virulent enemy of the people.
   Nation

Mungiki founder to launch new outfit

Former Mungiki leader Maina Njenga's. Photo/FILE
The battle for political supremacy in central Kenya is expected to intensify when a group opposed to Deputy Prime Minister Uhuru Kenyatta officially launches a political party.
The group, led by former Mungiki leader Maina Njenga will unveil its party next Saturday at Kamukunji grounds in Nairobi.
The launch comes as the police issued a security alert claiming that the outlawed Mungiki sect planned a series of violent activities.
The party’s membership is mainly drawn from former adherents of the outlawed Mungiki sect led by Mr Njenga, and several human rights activists.
It has settled on Mkenya Solidarity Movement, a party founded by former minister GG Kariuki, as its political vehicle.
It has also loped in more educated youth, some still at university.
A cross section of religious leaders and children of Mau Mau freedom fighters are also in what they are calling the Mkenya bus.
The group plans to mobilise around the themes of a youthful challenge to an elite they claim has dominated central politics.
Mkenya was first registered by Laikipia politician GG Kariuki, a powerful Cabinet minister during the Moi era.
Investigation by the Nation further reveals that the party has quietly been mobilising youths in closed door forums in different parts of the country.
The chairman of the party Watson Simiyu said Saturday’s launch will be “unique” and will be done in an open air field and “not hotel ballrooms where access is hindered.”
The party secretary is Joyce Mwambingu while the acting treasurer and organising-secretary is Mr Peter Njoroge, Mr Njenga’s older brother.
“It is a political leftist party which makes it a natural opponent to the region’s rightist TNA party,” said Mr Ngunjiri Wambugu of the Change Associates lobby.

Why Kenya Chief Justice Willy Mutunga Holds Key to Uhuru, Ruto Dreams

Chief Justice Willy Mutunga’s Supreme Court looms large as the last and most formidable obstacle in the path of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto’s presidential aspirations following the rejection of their final appeal in The Hague last week.

Much attention in the debate on whether the two, who face crimes against humanity charges at the International Criminal Court (ICC), can run in the next General Election has focused on events in the international arena.

But the pair’s biggest challenge will be to convince Kenya’s reforming judiciary that they – and many other politicians with integrity questions hanging over their heads – can contest seats in the light of the high bar set by the Constitution.

And it is a fight that will greatly test the mettle of the revamped judiciary and in particular that of Dr Mutunga who has already warned politicians of questionable integrity against offering themselves for leadership positions.

Last week the four suspects, Mr Kenyatta, Mr Ruto, former head of public service Francis Muthaura and radio journalist Joshua arap Sang, lost their appeal challenging the jurisdiction of the ICC to hear their cases.

The decision paves the way for the start of their trials because they have now exhausted all avenues of stopping their cases from proceeding.

The last remaining option is for the government to obtain a deferral at the United Nations Security Council or for the government to set up a local tribunal that would satisfy the ICC that it is capable of serving justice, forcing it to suspend trial at The Hague.

The suspects are set to attend a status conference slated for June 11 and 12 in which, among other things, the date for the start of their trials will be discussed and rules of engagement set.

Despite the millstones around their necks, Mr Kenyatta and Mr Ruto have continued laying elaborate campaign plans in their bid to succeed President Kibaki.

The ICC has stated that it has no jurisdiction to determine whether the two suspects can vie for the presidency, therefore leaving the matter to local courts.

Given a recent surge in public-interest litigation driven by newfound belief in the judiciary, it is inevitable interested groups will seek to have the two barred from running.

One such case is already under way. Mr Patrick Njuguna, Mr Agostinho Neto, Mr Charles Omanga, the Kenya Youth Parliament, and Kenya Youth League went to court earlier this year seeking to bar the two from running for president.

It is envisaged that many more similar cases will be filed by other interested groups and that the matter might end up in the highest court in the land, the Supreme Court, where Dr Mutunga sits as its president.

“This is an obviously interesting issue for many interested groups,” said international law expert Dr Kithure Kindiki. “It will definitely be fought very passionately and very hard every inch of the way, up to the highest court.”

All eyes now will focus on Dr Mutunga who will be mandated to set up the benches that will hear the case at different stages as it winds up the legal system, perhaps up to the very top where he will sit with six other colleagues to make the historic ruling.

In March, Dr Mutunga issued a warning that must have rung alarm bells in the political arena by declaring that he will not hesitate to use Chapter Six of the Constitution on Leadership and Integrity to prevent politicians of questionable integrity from seeking elective office in the General Election.

“Being Kenyan is a full-time commitment. This country needs citizens who are Kenyans all the time; not those who are vernacular Kenyans most of the time. Just in case you forgot, Chapter Six is partly intended to eliminate this breed,” the CJ said.

The Supreme Court judges are Dr Mutunga, his deputy Lady Justice Nancy Baraza who is currently suspended, Justice Philip Tunoi, Justice Jackton Boma Ojwang’, Justice Mohamed Ibrahim, Justice Smokin Wanjala and Lady Justice Njoki Ndung’u.

Ms Baraza’s suspension, however, places the court in a tricky position should a matter be brought before it urgently due to the even number of judges. They ought to be an odd number to prevent the possibility of a tie when delivering a ruling.

In the US, the Supreme Court has played a crucial role in shaping national values through its judgment on weighty national issues such as the legality of abortion and ending of racial segregation in public schools.

There, the Supreme Court judges are closely scrutinised for their professional and personal opinions on key issues of the day and are consequently categorised conservatives or liberals.

“It might be too premature to start categorising our judges in this fashion since we have little information about their stand on several issues,” said Dr Kindiki.

Chapter Six of the Constitution requires, among other standards, that State officers must not have behaved in a manner, “demeaning the office the officer holds” and must bring “honour to the nation and dignity to the office” they hold.

Clause 35 of the proposed Leadership and Integrity Bill states: “A person seeking to be appointed or elected as a State officer may not be eligible for appointment or to stand for election to such office if that person has, as a State officer, contravened the Leadership and Integrity Code under this Act or, while serving as a public officer, has contravened a Code of Ethics and Integrity applicable to that officer”.

Although still undergoing drafting the Bill, as it is, cannot bar anyone who is seeking the presidency from running, but only those who have been convicted.

The Leadership and Integrity Bill also empowers the Ethics and Anti-Corruption Commission to bar those seeking to be elected or appointed to office if they have contravened the law.

“These bodies (including the Independent Electoral and Boundaries Commission) will be required to make their decisions regarding the matter even before it goes to court and it is important to see how they will decide,” said lawyer George Kegoro.

Clause 43(1) of the Bill reads: “The Ethics and Anti-Corruption Commission and the responsible commission may, on application by any person, issue a certificate to that person or any other interested person or institution, confirming that a particular State officer is compliant or not compliant with some or all of the provisions of Chapter Six of the Constitution or this Act.”

While saying that there is little in law that bars the two from running because of a clause in the Constitution which requires that a suspect should have exhausted all options of appeal to be barred from seeking office, Dr Kindiki said that the suspects run the risk of being impeached immediately after being sworn into office.

“The Constitution demands that the Senate start impeachment proceedings against the President and his deputy if there are reasonable grounds to believe that they have committed a crime under national and international law. And if the Senate refuses to do so, then any one can petition the courts to do so,” he explained.

However, Mr Kegoro said that such a move might take a while until a ruling is made by the ICC and all appeals exhausted.

“I don’t think the decision will be made in such a short time, going by past examples of how long it has taken the court to deliver a judgment,” he said.

Source: Daily Nation