Foreign envoys fault NASA use of extra-constitutional means to challenge State

February 11, 2018 (2 weeks ago) 5:46 pm
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“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,” they said in a joint statement/FILE

, NAIROBI, Kenya, Feb 11 – Eleven foreign envoys among them Robert Godec of the United States of America and United Kingdom High Commissioner Nic Hailey have faulted the Opposition National Supper Alliance (NASA) for resorting to extra-constitutional means to challenge the authority of the government.

The diplomats, in a statement issued at the weekend, challenged NASA to accept the Supreme Court ruling that upheld the October 26 presidential election.

“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,” they said in a joint statement.

“The Opposition needs to accept this as the basis for the dialogue that it and many Kenyans want,” the envoys added.

They expressed concern over the escalation of tension by the political class while calling for restraint.

The diplomats condemned the self-proclaimed inauguration of NASA leader Raila Odinga as the People’s President on January 30 terming it as a “deliberate disregard of the Constitution.”

“Stoking and threatening violence is not acceptable, nor are extra-Constitutional measures to seize power,” the diplomats pointed out.

The envoys equally condemned the non-compliance to court orders by the State as witnessed recently in the case on the self-styled general of the National Resistance Movement, a civil disobedience wing of NASA, expelled from the country on Tuesday night, and a weeklong shutdown of four television channels.

“We strongly urge the government to comply fully with court orders and follow legal process in appealing or contesting them,” the statement read.

Activist Okiya Omtatah had unsuccessfully attempted to serve the Communication Authority of Kenya with orders directing the reopening of television channels shut on January 30, orders he obtained on February 2.

The four channels remained off-air until Tuesday when NTV and KTNNEWS signals were restored.

Citizen and Inooro televisions were allowed back to the airwaves on Thursday.

The diplomats also condemned the violation of rights of arrested persons saying due process must be followed.

Police chiefs, who have been accused of disregarding court orders have recently defended themselves terming the allegations as a distortion of facts.

On Friday, National Police Service Inspector General Joseph Boinnet and Directorate of Criminal Investigations chief George Kinoti denied being in contempt of court by failing to produce Miguna before a Nairobi court as ordered earlier in the week.

The two told Justice Luka Kimaru in affidavits filed at the High Court in Nairobi that Miguna was actually released before immigration officers arrested and deported him.

“I was informed by my officers that the applicant (Miguna) was released vide OB/6/2/18,” Kinoti stated in his affidavit.

READ: IG Boinnet, Kinoti tell court what happened to Miguna

Department of Immigration Director, Gordon Kihalangwa, in a separate affidavit admitted to taking custody of Miguna following deportation orders issued by Interior Cabinet Secretary Fred Matiangi on Tuesday.

“The applicant (Miguna) was arrested within the precincts of Inland Container Depot, in Embakasi, and taken to the Jomo Kenyatta International Airport for purposes of deportation and did board KLM Airline Flight Number KL0566 to Toronto Canada via Amsterdam,” Kihalangwa stated.

Kihalangwa told the court that the Immigration Department was not aware of any court order regarding Miguna’s release since it was not a party to the court proceedings during which the order was issued.

Reacting to the statement issued by the diplomats Odinga accused the envoys of being hypocritical while asking them to keep off Kenya’s affairs.

“We are telling them in no uncertain terms, that Kenyan problems will be resolved by Kenyans themselves, they can only be observers,” he said when he visited victims of a recent fire tragedy in Langata.

“They have no regard for democracy in our country; they are only interested in pursuing business avenues that will exploit our people but benefit their respective countries and economies,” Odinga claimed.

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