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Before their resignation from office the Deputy Prime Minister/Minister of Finance, Uhuru Kenyatta, and the Head of Public Service, Francis Muthaura received support from MPs and quarters of the public service for the position that despite the fact that both had been indicted for crimes against humanity (murder, deportation and forcible transfer, persecution, rape and other forms of sexual) both could still stay in office.
The Attorney General, Githu Muigai, effectively stated that the two would not be required to vacate office until the appeals process was exhausted declaring, “Our understanding is that the confirmations have been made against the four and the four are going to appeal. We cannot make a precipitate decision. We cannot determine any issue until the four citizens have exhausted their right of appeal”.
The Law Society of Kenya Chairman, Ken Akide, was quoted as having stated that calls for resignation of the Deputy Prime Minister and the Head of Public Service were not founded on the letter of the law saying that, “On a strict application, they can’t leave office as they are not accused under the Anti-Corruption and Economic Crimes Act which would require them to vacate office.” This of course begs the question what about under the strict application of the National Accord Reconciliation Act?
Several MPs (Amina Abdalla (nominated), Sam Ongeri (Nyaribari Masaba), Cecily Mbarire (Runyenjes), Naomi Shaban (Taveta), Esther Murugi (Nyeri Town, Mwangi Kiunjuri (Laikipia East), Lina Jebi Kilimo (Marakwet East), Ferdinand Waititu (Embakasi), David Were (Matungu), Elizabeth Ongoro (Masha), have held press conferences or spoken publicly against the ICC indictments and those calling for the Deputy Prime Minister and the Head of Public Service to resign from office. MP Nemesyus Warungongo (Kieni) even threatened to go on hunger strike.
It is one thing to offer support to someone; it is everyone’s right pick a side, to choose. However it is quite another thing for leaders to offer the kind of support that encourages impunity, subverts justice and thwarts change.
Its hard to determine why the Attorney General (the chief advisor to the government), some members of the legislative assembly and the legal profession would ignore one of the provisions on which peace post the 2007/2008 violence was founded i.e. National Accord and Reconciliation Act. Specifically Article 4 which calls for the President and Prime Minister to “ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post election violence shall be suspended from duty until the matter is fully adjudicated upon.”
That some of our leaders chose to ignore this provision shows that the propensity for impunity still exists. However in the new dispensation the rule of law and accountability, integrity, equal application of the law (principles, and national values outlined in the constitution) must prevail regardless of status or personal leanings that one may have.
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