AG backs Uhuru, Ruto in eligibility case

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He contends that the court is being invited to enter the arena of legislation that constitutionally belongs to Parliament/FILE

NAIROBI, Kenya, Jul 31 – The Attorney General now wants a case seeking to stop Uhuru Kenyatta and William Ruto from vying for the presidency declared unconstitutional.

In a preliminary objection filed in court, Githu Muigai says the case should be thrown out since it is in conflict with the constitutional provision of presumption of innocence before a trial.

In his grounds opposing the case, he argues that the petition is based on speculation and conjecture.

He contends that the court is being invited to enter the arena of legislation that constitutionally belongs to Parliament.

“The petition is misconceived based on total misrepresentation and misapplication of the Constitution of Kenya and the legal process at the International Criminal Court,” Muigai said in court papers.

The AG’s position was also supported by Kenyatta who argues the court has no authority to entertain the case as Parliament is yet to legislate rules and procedure of effecting Chapter Six of the Constitution which deals with integrity of occupants of public offices.

Kenyatta who is also a deputy Prime Minister argues that the case is premature because he has not been nominated to run for any elective post.

The case had been filed by a civil society organisation, which had sought to know whether the two suspects met the requirements of Chapter Six of the Constitution of leadership and integrity.

The court at the same time also allowed the petitioners to include three prominent Kenyans seeking high elective posts in the case.

Lawyer Ambrose Weda acting for five of the applicants told High Court Judge Isaac Lenaola that he did not want to disclose the names until they are named in the new suit.

He however promised to enjoin the three as respondents alongside Kenyatta and Ruto.

“We want the issue of integrity dealt with once and for all,” he said.

The petition was filed by eight civil society applicants who want the court to block Kenyatta and Ruto from contesting the presidency since they have been indicted at the International Criminal Court over crimes arising from the post-election violence in Kenya.

The case was set for hearing on Tuesday by three High Court judges but it was deferred because two of them were indisposed.

The court also allowed the National Alliance Party (TNA) whose presidential candidate is Kenyatta to join the suit. The Law Society of Kenya also made an application through its chairman Eric Mutua to join the proceedings.

Kenyatta and Ruto have said they will run for the presidency despite facing charges at the International Criminal Court.

Chief Justice Willy Mutunga earlier announced that only the Kenyan courts can decide whether Kenyatta and Ruto who are facing charges of crimes against humanity can run for elective offices.

The chairman of the Independent Electoral and Boundaries Commission Isaack Hassan on his part said it was up to the Ethics and Anti-Corruption Commission to decide if the names of the two should be on the ballot as presidential candidates.

However, there have been different opinions on their eligibility to run for the top office. Justice, National Cohesion and Constitutional Affairs Minister Eugene Wamalwa and many other politicians have said that the two are free to run since the court had not decided their fate.

On the other hand, civil society groups have been opposed to their running, arguing that they first have to be cleared by the ICC before running for the presidency.

The two alongside radio presenter Joshua arap Sang and former Head of Civil Service Francis Muthaura are set to begin their trials in April next year at The Hague-based court.

Kenyatta is accused of five counts of crimes against humanity that include murder, rape, and other sexual offences, transfer of populations and persecution while Ruto faces three counts of crimes against humanity following the 2008 post election violence.

The ICC has indicated that it is not interested in the Kenyan politics and has instead urged them to elect leaders of their choice.

  • Jannadas

    The AG is once again giving his personal other then Professional advise.Keep out of it Let the courts decide.

  • http://twitter.com/kingzhero Afriti Kizee

    Innocent Untill proven guilty in a court of law and it is the best because many can try to lock other peoples dreams by mere speculations

  • http://www.facebook.com/beloveddan Beloved King

    Using state funds to defend impunity is a crime and unjust….! Is the AG serving the common good of the nation or simply reasoning , talking, and acting as a PNU-TNA activist?

  • Francis

    Kenyans have taken stupidity to the highest level.First no elections have been called in accordance with the IEBC rules where candidates have presented themselves for nomination.The fact that someone goes around and “says they are running for president” does not make them candidates.They become candidates once their papers are accepted by IEBC after being cleared by their party/or having satisfied all the rules required.It is after such a nomination that one can object to their candidature by suing the nominating authority- party or IEBC.You cannot not sue “an intent to stand for office”. If a mad man is shouting that they will stand for president will these idle bodies go to court to “stop him?”.These goons are abusing the courts by asking them (courts) to declare BEFORE HANDS who can/not run for office before such individuals run.The assumption is that since they have a case then all the other Kenyans/candidates are “clean” free to participate.What would happen were another candidate to have have a “case tomorrow?” – go to court again?.You do not issue a RED CARD before the players show up and the first whistle is blown.If the sin occurred before the game- call the police! My point is simple-WAIT FOR ELECTIONS TO BE CALLED-WAIT FOR UHURU AND RUTO TO BECOME CANDIDATES BY LAW-Then go to courts and sue THEIR PART/IES AND IEBC.For now treat the pair as “THOSE WALKING WITH INTENT TO RUN AND WIN THE PRESIDENCY WHICH IS THEIR RIGHT-THEY CANNOT ELECT THEMSELVES UNLESS RULES HAVE CHANGED”.

    • http://www.facebook.com/people/Kwessi-Pratt/100000996986819 Kwessi Pratt

      @Francis: The main thing here is bewildering fear. There are lot of people who believe that they cant attain their dreams when brothers Ruto and Uhuru are around. There are others intent on using tribal cards and perceived sins to get these brothers out of the way. Thats why guys were saying that they wont return in their first flight to the Hague! They fooled their people that the cases had started and even finished before even confirmation! They forget that ICC evidence file is still open and getting bigger. It will be interesting to see how these folks will react once merchants of deceit become wanted items at the Hague!

      There are also certain group of people who think that manipulating issues is the only way to get things done. But thats no here or there. Look at the governorship race in Nairobi. You will be mistaken to think that there are only 2 candidates for the seat! However, the 2 candidates, who are being made high profile by certain quarters, are not even likely to win. There are alot of other candidates out there who are likely to be eventual winners.

      These are the situations that greatly contribute to misconception. Of course, the main agenda is to mislead. Some folks are having fixation with Uhuru and Ruto candidacies not because they dont know whats required, but simply because they want to repackage their lies trained on known targets. In the current fluid circumstances, those who thrive on insults, yells, football and parable antics are at loss where to start! Thats why these fake NGO’s have to be prodded to try to clear the foggy situation. Nevertheless, things are not clearing out quickly. Thus, the alarming desperation! After all, why would you sue a mere suggestion, what remedities can you get?