ICC and Elections: Mutula Should Re-Read His Constitution


Earlier today, the politician in charge of Constitutional and Justice matters in Kenya, Mutula Kilonzo, moved to make another of his misplaced interpretations of the law as he urged Uhuru and Ruto to forget the ballot if their charges at the ICC are confirmed. Just yesterday, Mutula while pitching for a December election date, argued that the next parliament could use last Friday’s court ruling to argue for a 5 year term.

My friend Mutula should go back to law school, re-read his Constitution or tell us whose politics he is playing.

Starting with the ICC one, the minister seems to have forgotten that one is presumed innocent until proven guilty which is the case with the Ocampo Six who have to wait for charges to be confirmed before they can stand trial where they are still presumed innocent.

To begin with someone needs to remind Mutula that every Kenyan has Political Rights and with that he should read Article 99(2&3) which stipulate conditions under which one cannot seek election in Kenya. He should then be asked to justify how and why he thinks that Ruto and Uhuru would be acting with impunity if they contested in the elections.

The questions that I would like Mutula to answer are these:

1. Does being accused of PEV mean that the two demeaned their public office?

2. Was there any conflict between personal interests and public or official duties?

3. Did the alleged crimes compromise any public or official interest in favour of their personal interest?

4. Did they abuse their offices in their alleged role in PEV?

5. Doesn’t Article 38 guarantee Political Rights?

6. Are the two of unsound mind?

7. Are they undischarged bankrupt?

8. Have they been convicted and facing a sentence of imprisonment of at least six months?

9. Have all avenues of appeal on 7. & 8. been exhausted?

If Mutula is not acting on behalf of another politician who is interested in the Presidency, then I don’t know who is acting on behalf of because it is not Kenyans. In his capacity he should not be misreading the law as he has done with the above issue and this below.

The Minister has been on a “Wiper” gear this week since the Friday ruling on the election date. He jumped on the march 2013 date before all of a sudden insisting that the country must set a specific date for December 2012 because the next parliament may argue using the court ruling and demand for their five-year term.

What Constitution and ruling has Mutula been reading? As far as the ruling is concerned, it was majorly anchored on the transitional clauses that will not be in existence after the next election.

Whether the elections are held in December of March, Mutula should know that as per Article 101, the next election will be on the 2nd Tuesday of August in 2017 – which is the fifth year of that Parliament.He should then read Article 102 and see that the term of Parliament is set to end at that election.

My advice to Mutula – who to me is playing politics for Kalonzo – is that he should not be blinded by his political allegiance and keep misleading the country. Or better still, just take time to read the law!

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