By Jerry Okungu
Nairobi, Kenya
February 20, 2013
Wednesday this week was a
day of shame in Kenya’s post constitution making history. It was the day the
nation’s Chief Justice revealed that there have been threats on his life and
those of other judges.
Details of these threats
apparently came from the outlawed murderous Mungiki sect that had terrorized
Central Province for the better part of the last decade.
The same sect was adversely
mentioned in the 2008 Rift Valley retaliatory massacres following the disputed
elections that saw 1500 Kenyans slaughtered in various parts of Kenya. At that
time, at least by the ICC reports, Uhuru Kenyatta and Francis Muthaura were
alleged to have organized for them a meeting at State House to plan the Rift
Valley retaliatory attacks in Naivasha, Gilgil, Molo, Nakuru and Eldoret. Uhuru
Kenyatta, President Kibaki and Francis Muthaura denied these allegations.
Now, five years later, the
same Mungiki have come to the defense of Uhuru and William Ruto’s candidacy.
The threat was made on the eve of the judgment that contested the duo’s
integrity to seek public office.
If it is true that this
poisoned letter pen sent to CJ Mutunga came from the Mungiki sect, what
connection is there between Jubilee Alliance and the outlawed sect? If these
goons can dare to threaten the CJ’s life together with his other members of the
bench; who then is safe in Kenya?
As the Chief Justice was
revealing a threat to his life, something else more ominous came to light.
Francis Kimemia the Head of the Civil Service was alleged to have had the audacity to instruct a
junior immigration official to block the Chief Justice from travelling to
Tanzania for a one day meeting.
This affront to the CJ
baffled many Kenyans. The audacity with which the Head o f the Civil Service
chose to embarrass the CJ was mind boggling. First, the Kenyan constitution is
very clear about the separation of powers among the three arms of government.
The Chief Justice heads
one such arm and enjoys independence and autonomy just like the Speaker of the
National Assembly. In real terms the CJ and the Speaker are at the same level
as the President and therefore the Head of the Civil Service has no business
running the CJ’s schedule- something that even the President cannot do. In more
practical terms Francis Kimemia is the CJ’s junior twice over.
These dangerous
developments may force Kenyans to revisit the recent judgment that cleared
Uhuru Kenyatta and William Ruto to run for president even though they are
facing charges of crimes against humanity. Had the judges been intimidated? How
come the bench that declared that the case was not in their jurisdiction and
that it was only the Supreme Court that could hear the case ended up hearing it
anyway, passing judgment and even awarding costs to the respondents? Are
Kenyans on a wild goose chase to speculate foul play during the trial?
These dangerous
developments come at a time when the CORD coalition has accused the Head of the
Civil Service together with the military and NIS heads as having met recently
to plan how to campaign for Jubilee Alliance. Is it possible that
there are plans afoot to rig elections using civil servants to cause chaos again in
Kenya?
It is a good thing that
Francis Kimemia came out to clarify the issue and even sent a circular to all
civil servants asking them to desist from engaging in political campaigns. However,was that circular genuine or was it a mere tactical retreat as more clandestine plans
were in the offing?
Those who are planning to intimidate or kill the CJ and interfere with the elections cannot be called Kenyans or friends of Kenya.
Their memories must be really short if indeed they have forgotten the mayhem of
2008 that ruined our economy and loss of property and innocent lives. It beats
logic that as we prepare for the next elections since 2007 with ICC cases in
the offing, someone can plan an explosive situation like eliminating the CJ and
a number of his judges.
These planned criminal
activities must be a test case for the New Inspector General, the Director of
Investigations and the Director of Public Prosecutions.
If they don’t take
decisive action, Kenyans will be forgiven for assuming that they too are part
of the conspiracy.
The only way Francis
Kimemia and his boys can get out of this mess is to order a thorough and
conclusive investigation to bring the Mungiki commanders, their sympathizers
and sponsors to take responsibility and face the law.
Like I have said elsewhere
on these pages before; chaos in Kenya are a recipe for turmoil in East Africa.
We cannot allow this to happen so soon after the disaster of 2008.
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