Kenya is facing a leadership crisis and the poor bear the brunt of pandemic corruption, Chief Justice David Maraga has said.
Maraga described the country’s leadership as being on trial and said there is sufficient evidence.
Reiterating that corruption is a pandemic, he accused politicians of “shamelessly plundering public resources without giving a thought to the poor who are in dire need”.
“We can only succeed in passing on the virtue of integrity to others if we live out whatever we say.”
The Supreme Court president noted that jobs such as his are not for the faint-hearted.
Maraga urged fellow judges and the political class to strive for integrity and respect, and engender public confidence in the discharge of their constitutional mandate.
It is common knowledge that some of the disputes brought to court involve matters of great national importance — matters which if not carefully and prayerfully handled, can tip the balance of national security and plunge this country into chaos and total anarchy, he said.
His statement comes barely a week after Jubilee Party secretary general Raphael Tuju accused him of nearly plunging Kenya into chaos after the Supreme Court annulled the election of President Uhuru Kenyatta, forcing a presidential rerun.
The CJ said Kenyans are keen to pursue leadership skills but lack the resolve to practise what they study.
“At a time when the world has made mind-boggling advances in science, technology and the arts, it is ironical that a confidence gap in leadership is strongly manifest throughout the world,” he said.
“Is it because of the credibility deficit in their character, conduct or confidence? Could it be that the approaches to leadership training and the basic assumptions about what leadership entails have been erected on a faulty foundation?
“Could it be that we need to rethink and redefine leadership and evaluate our leadership goals?”
Maraga maintained that true leaders demonstrate integrity by their actions.
“One can be a great leader and make great profits for oneself or for one’s employer through corruption. That’s not a leadership style worth emulating,” he said.
“Men and women of integrity are those whose word can be depended on in any situation. Trust and confidence are the foundations of every business relationship they engage in. In my view, that is a value system of great, if not absolute, honesty.”
In a clear signs of revenge to the Kenyan judiciary by Mr. Uhuru Kenyatta, Jubilee Party Secretary General Raphael Tuju has written a protest letter to Chief Justice David Maraga. In the letter seen by kenyapoa, (see below) jubilee regime narrated over what Mr. Tuju terms as “bias, double standards, impunity and poor leadership” on the part of the Judiciary.
In a hard-hitting open letter and without mincing his words, Tuju accuses Justice Maraga of “almost burning” the country last year.
“My Lord, with all due respect, may I state the following, not to provoke you but to submit that no powers can be absolute… Irresponsible actions from the Judiciary, Executive or Parliament can burn this country – and with due respect you almost succeeded in burning the country after August 8th Elections,” says Tuju.
Tuju goes ahead to cite eight instances where he claims the Judiciary was biased instead of being impartial, just and fair.
The first case Tuju highlights is the perceived failure by the Judiciary to condemn NASA’s boycott of the October 26, 2017 repeat presidential election yet the poll was an order issued by the court.
Tuju further says that when NASA publicly declared there would be no election on October 26, 2017 and Jubilee went to court seeking a clarification on the fate of the repeat poll, the Supreme Court failed to urgently address the matter.
“The Supreme Court saw nothing urgent about this petition to the court and gave a hearing date of 27th October 2017. A post de facto date. This was like a naughty wink to NASA to continue with their contempt of the Supreme Court,” said Tuju.
According to Tuju, it was open bias for the Supreme Court to give priority to the case where two petitioners wanted to stop the October 26 election, with the Chief Justice directing that the matter be heard the next day which had been gazetted as a public holiday.
“To any rational observer, it is the kind of fast tracking that you can only get in this country when “you know people,” adds Tuju. “The case collapsed after some of your Supreme Court judges failed to turn up and you had to eat humble pie”.
He also notes that the opposition has continued to disregard the court ruling that upheld Kenyatta’s win on October 26, but the Supreme Court has failed to act even after NASA went ahead to hold a mock swearing-in ceremony.
“To our consternation, you were quoted by the local media saying that you had no powers to stop your judges from conducting the swearing in of the people’s president… I sincerely hoped that you were misquoted otherwise this would have been another wink to NASA to proceed with their nonsense,” says Tuju.
The Jubilee party boss further says the Court declined to urgently hear a case filed by the Attorney General to stop the January 30th swearing-in of Odinga. He faults the court for setting the hearing for mid February, days after the controversial event.
Tuju also states that the Judiciary has remained silent on the issue of the People’s Assemblies yet a Kitui court suspended the formation of the assemblies.
He also points the instance where a court dismissed with costs, a case seeking to restrain Siaya Governor Cornell Rasanga from visiting violence on IEBC officials.
Lastly, Tuju faults the court for “granting many Okiya Omtata prayers exparte and with utmost urgency and anticipatory bond to NASA leadership” after the swearing-in.
In the meantime, Kenya’s president Uhuru Kenyatta confirmed the resignation of the country’s attorney general Githu Muigai who has been serving in that capacity since August 2011. He is suspected of being groomed to take over the judiciary as the chief Justice and then fire CJ Maraga in retaliation.
Muigai served in the Mwai Kibai led government and was retained by the Jubilee government when it came into office in 2013. His name was however missing from the list of cabinet secretaries and officers to be retained by president Kenyatta following his 2016 reelection.
The president confirmed the resignation of the government’s top legal officer on his official Twitter account.
“A STERN WARNING to @CoalitionNASAKe affiliate “parties” especially @WiperMovement: The #NRM generals and troops all over the world are WATCHING you. Stop conspiring with the @JubileePartyK despots to undermine the POPULAR WILL of the people – in Parliament & elsewhere. @skmusyoka,” Miguna warned.
He issued the warning from Canada where he was forcefully exiled after claims that he had lost his Kenyan citizenship.
In the meantime, Former NASA Principal Stephen Kalonzo Musyoka aka “Watermelon” has exuded his true colours by saying Raila’s swearing-in was illegal.
Speaking to Musyi FM, Kalonzo said that he fears taking the oath because they might use it against him and block his bid for presidency in 2022.
Kalonzo’s words have ignited displeasure among NASA supporters who took it to social media to hurl insults at him.
“Let us tell each other the truth. Raila’s oath was illegal thus unconstitutional. Ruto is waiting for me to be sworn-in so that he can use it to block me in 2022″.
By Foreign envoys
Kenya is special. As diplomats living here, we see and admire daily the determination and creativity of the Kenyan people; the energy and innovation of Kenyan business; and the inspiring democratic journey that Kenya has made since independence. These and Kenya’s many other achievements have made it a hub for the region and indeed for the continent and the world.
Like all democratic countries, including our own, Kenya’s democracy is not perfect. But it can and should remain a source of strength, and an inspiration to all of us.
That is why, as friends, we are deeply concerned by recent political developments in Kenya. The government and the opposition have taken steps that have undermined Kenya’s institutions, and driven wedges among its citizens.
A father of multi-party democracy has made unsubstantiated claims about elections and unilaterally sworn himself as “President”, in deliberate disregard of the Constitution for which he so proudly fought.
The government, which should be the guarantor of liberty and freedom of expression for all under the law has shut down television stations, seized the passports of opposition leaders, refused to obey court orders, and deported a prominent opposition lawyer. These events follow two elections that left many Kenyans dead and many more livelihoods disrupted.
For friends of Kenya, alarm bells are ringing.
The ambitions of politicians are fundamentally weakening institutions, and breaking the bonds of shared citizenship, which Kenyans have built up patiently over decades.
We are concerned not because we presume to dictate how Kenyans should regulate their country’s affairs – we don’t. But as fellow democracies, we know our freedoms and rights were hard won, and how carefully we must cherish, strengthen and protect them if our nations are to thrive and prosper.
For democracy to work, leaders must govern justly on behalf of all citizens. When citizens disagree with the decisions leaders make, they dissent peacefully. Opposition provides a check on governmental power. A free media and civil society keep the public informed and facilitate dialogue, and that dialogue improves the policies and programs that leaders deliver to their citizens.
Institutions and constitutions are not abstract things of interest only to lawyers. They are the only way to ensure that everyone can get justice regardless of gender, religion, wealth or personal connections; can build a better future for their family; and can have their voice heard in the decisions that affect their lives.
Today, Kenya stands at a fork in the road along its democratic journey. Its leaders need to take the right path for Kenya to succeed. We strongly urge the Government to comply fully with court orders and follow legal process in appealing or contesting them. Freedom of expression, freedom of the media, and all civil rights need to be protected. When individuals are arrested, their rights should be respected and due process followed. Citizens have the responsibility to protest non-violently, and security services should avoid unnecessary or excessive use of force. Whatever the conduct of others, the government has a special duty to protect democratic institutions and adhere to the Constitution and the rule of law at all times.
Meanwhile, the Opposition must accept the decision of the Supreme Court to uphold the election of October 26. Uhuru Kenyatta and William Ruto are the legitimate President and Deputy President of Kenya. The Opposition needs to accept this as the basis for the dialogue that it and many Kenyans want. Stoking and threatening violence are not acceptable, nor are extra-Constitutional measures to seize power.
As partners, we will do all we can to help; but only Kenyans can resolve the country’s problems. We again call for an immediate, sustained, open, and transparent National Conversation involving all Kenyans, to build national cohesion, address long-standing issues, and resolve the deep-seated divisions that the electoral process has exacerbated.
We are investing in Kenya and have great hope for the future. But Kenyans must summon now all their strength and resolve, reaffirm the Constitution, and put the country back on the path to democracy, prosperity, and security.
Nic Hailey, High Commissioner for the United Kingdom
Robert F Godec, Ambassador of the United States
Jutta Frasch, Ambassador of Germany
Alison Chartres, High Commissioner for Australia
Sara Hradecky, High Commissioner for Canada
Mette Knudsen, Ambassador of Denmark
Anna Jardfelt, Ambassador of Sweden
Victor Conrad Rønneberg, Ambassador of Norway
Frans Makken, Ambassador of the Netherlands
Tarja Fernández, Ambassador of Finland
Kim Ramoneda, Chargé d’Affaires a.i, France
Miguna’s ARRIVAL in Canada. GENERAL Welcomed with Flowers and Kenyans
Self-declared National Resistance Movement (NRM) “general” Miguna Miguna who was recently banished to Canada has said that plans are underway for his return to Kenya that has branded him persona non grata.
In an exclusive interview with Nation in his law offices in Toronto Canada over the weekend, the fiery lawyer who on January 30 participated in the “swearing-in” of opposition leader Raila Odinga as the people’s president, Dr Miguna said nothing, not even President Uhuru Kenyatta would prevent him from returning home to continue advocating for electoral justice.
“I’ve just received reports that Uhuru Kenyatta and William Ruto are saying that it doesn’t matter how many orders I obtain. I may obtain a million orders but they will never allow me back to Kenya. My message to Uhuru Kenyatta and William Ruto is this, Kenya does not belong to you and I’ll be back. Sorry,” he said.
Prodded further on when he will return home, Mr. Miguna said, “As soon as I can go. I know my wife will not be happy to hear that but some of these things you have to decide how you want to live your life and the legacy you want to leave behind. As we speak, my lawyers have filed a petition today.”
He said his team of lawyers has moved to the High Court to seek his exoneration from claims that he had been deported so that he can return to Kenya as quickly as possible.
“As we speak, my lawyers filed a petition today in the High Court seeking to invalidate the purported decision of withdrawing my citizenship,” Dr Miguna said.
Calling on the international community to intensify pressure on the Kenyan government to respect the rule of law and press freedom, Dr Miguna said western governments that purport to be champions of democracy, accountability and press freedom have tended to pay lip service to the importance of these values when it comes to Africa and other third world countries.
“These so-called western government should do more than just paying lip service to these things,” he added.
Dr Miguna said his recent altercation with the government should serve as a wakeup call for the people in diaspora to take keen interest in what is going on back at home.
He said his message to the diaspora is to remain organised, focused and fearless.
“Understand that Kenya belongs to all of us,” he added.