Fellow Kenyans,
I have called this press conference to inform the country of two separate but significant events that have occurred in the past one week. I have considered the possible implications of this public statement, but concluded that given the history of this country, such a public disclosure is warranted, necessary, and proper. This statement does not seek to cause alarm but to strengthen the resolve of each and every Kenyan to protect our Constitution, secure our transition, and affirm our future.
On Monday, February 18, 2013, as I was sitting in the Judicial Service Commission interviews for the recruitment of the Deputy Chief Justice, my office received a poison-pen letter from the Mungiki Veterans Group/Kenya Sovereignty Defence Squad. The letter, which was dated Wednesday, February 13, 2013, makes all manner of threats against the Judges, ambassadors and my person. It warns against an adversarial ruling on the Presidential and Deputy Presidential candidacy of Uhuru Kenyatta and William Ruto. The letter extols the violent ‘exploits’ of the Mungiki movement and threatens dire consequences.
This letter was posted only a day before my departure to Dar es Salaam, Tanzania, where I had been invited by the Tanzanian Constitution Review Commission to a one-day event to share my thoughts and experiences on Kenya’s constitutional experience. I was stopped at the Jomo Kenyatta International Airport (JKIA) by an Immigration Officer, who insisted that I could not travel because I had not been cleared by Mr. Francis Kimemia, the Permanent Secretary, Head of the Public Service, and Secretary to the Cabinet. I told the official that there is no constitutional, statutory, or policy basis or requirement that provided for the Chief Justice of the Republic to seek clearance to travel from the Head of Civil Service or anybody.
Further, the said Circular that he was invoking to make this illegal demand and decision did not — rightly so — even have the Chief Justice listed among the Public Officials on it. It requires quite some courage, ignorance, or political patronage or a combination of all three for an Immigration officer, on his own motion, to summon the confidence to stop a Chief Justice from traveling, particularly in the face of a nonexistent circular! After much haggling, I did eventually travel. The Immigration Shift Supervisor kept insisting that they were awaiting instructions. However, I still find the insistence on permission from Mr Kimemia bizarre to say the least. Even more baffling was that the Chief Registrar of the Judiciary received a purported ‘Clearance to travel”letter by Mr. Kimemia dated February 14, stating ‘..it has been noted the Chief Justice is travelling to Dar es Salaam, Tanzania’.
Upon landing in Dar es Salaam, I received a telephone call from the Director General of the National Intelligence Service, Major-General Michael Gichangi, apologizing for the ‘small hiccup’ at the airport. I told the DG that a Chief Justice being gratuitously stopped by anybody from traveling cannot fit the definition of a small hiccup, however generous one may want to be. It has never happened on any of my numerous previous trips. I have, therefore, concluded that this is deliberate harassment; and whereas I was keen to have this resolved bureaucratically, I am convinced it is political, and public accountability requires that I make it public.
These two incidents evidence a pattern of emerging harassment against my person, the Office of the Chief Justice, and the Judiciary — especially since no fewer than five (5) Judges have been attacked in the recent past, with some involving gun incidence – as we head into the elections.
I, therefore, wish to state as follows:
1. Kenyans have invested heavily in this country’s democratization, and this investment has resulted in a new Constitution. This Constitution must be protected and guarded jealously. Threats and intimidation of this nature against the Chief Justice, judges, or any other Kenyan or individual must be resisted actively, and rejected resolutely. I have given most of my life to a better Kenya and if taking it is what will be required to consolidate and secure our democratic gains in this election, or even thereafter, that is a price I am not afraid to pay.
2. I have invested heavily in the past one and a half years in creating a new Judiciary. I have repeatedly given my pledge to the country that the Judiciary will not flinch in interpreting the Constitution as is required, a task we have executed very well. For the 2013 General Election, we have done sufficient ground work to handle both pre- and post-election matters in accordance with the law. On February 28, 2013, we shall hold a special session with all judges of the High Court to give Kenyans a final statement on our preparedness. Therefore, candidates or their supporters — real or claimed — should not panic. We shall decide all cases independently, and with scrupulous fidelity to the Constitution and the law. Let no individual, group, candidate, or supporter imagine that cowardly and darkly acts such as these will cower us. We have seen and overcome worse, and we will all soldier on for this country. None will be held hostage by a cabal of retrogrades.
3. The Judiciary has, in a private correspondence, communicated to Mr. Kimemia as to the legal position on the matter of the ‘small hiccup’ to ensure it never occurs again.
4. I believe that Kenyan security agencies, unless they willfully neglect or refuse to, have the capacity and resources to investigate the sources and partnerships of this threatening letter. To this end, I have this morning sent the letter to the Inspector General of Police, the Director of the Criminal Investigations Department, Director of the National Intelligence Service, and the Director of Public Prosecutions to investigate this matter and give the country a progress report. I am also asking the Inspector General of Police to take the necessary steps to enhance the security of judges and other judicial officers at this time.
5. If anybody, any candidate, any party, any agency, or any other actor thinks that it will bend the ear, mind and resolve of this Chief Justice to do anything that is unconstitutional or illegal, then they are mistaken. On any matter that will come before me or the Supreme Court, I and the Court shall operate strictly within the confines of the Constitution. Intimidation and threats are uninvited guests and will not be hosted in the execution of our mandate.
6. The political class must choose whether, either through direct pronouncements or suggestive behaviour, they want a peaceful, democratic and fair election free from the ring of rigging and intimidation, or whether they want to put the country on a path of violence. Whatever choice the political class and leadership makes, they must remain aware that ultimately, the people of Kenya and the rule of law will triumph. The Judiciary is playing its part in protecting and upholding the Constitution; let Kenyans also do their part.
7. I appeal to Kenyans to hold a peaceful election. It is only by so doing that we shall silence these dark forces of retrogression and also advance our constitutional and democratic promise. My fellow Kenyans, with confidence and tribute to the nation, go and vote for our Constitution. It is the only way to reject those who threaten and proclaim violence as a false choice.
Thank you.
Hon. Dr. Willy Mutunga, D. Jur., SC, EGH
Chief Justice/ President, Supreme Court of Kenya
About the Author
Whoever is behind this threat is bloody damned Coward hence ,Who can threat over 40 plus millions of Kenyans ,Only a mad dog suffering from rabies! USA/UK/EU has the right to interfere if asked by the people of Kenya for protection.drones/battle ships etc are just a stone-throw if war-mongers start violence . my message to these habitual criminals threatening violence is just go ahead if you are men enough .Central province can be occupied perhaps for ever Learn from Syria!
In my view th matter needs investigation. It can b a score card by sm pple 2 ambush n victimize kenyatta n ruto more. Altgether cj deserv respect. Plz mind ur utterances. Al who seek evil forces 2 rule kenya r arldy defeated n ths s a spiritual battle
The CJ holds an independent constitutional position and does not require Kimemia to dictate his travel plans. Something sinister is brewing especially with the move to adjoin Uhuruto in the presidential candidates’ integrity case filed recently at the Supreme Court. ‘Status-quoists’ at play.
The people of Kenya should be reminded the history of this country! Had the public outcry been focused on the intrigues that led to the deaths of JM Kariuki, Robert Ouko, Kungu Karumba, Alexander Muge, Ronald Ngala, etc perhaps those who sought to do them harm would have thought twice. The Vice President is right. Ruto has come out and issued a similar statement, and rightly so, while campaigning in RV and I didn’t hear you give similar advice. The most corrupt woman in Bush administration MS Frazer Jendaji who served in Bush adm assistance Sec of State affairs(USA govt) btw year 2005-2009 was very corrupt and easy-going with Kenyas most corrupt leaders of tribal chieftains and many kenyans were questioning her credibility and her personal character representing USAs Bush govt.
Statement on the incident involving Hon Chief Justice at Jomo Kenyatta International Airport (JKIA) with my officials
I mm alarmed by the incident that involved The Hon Chief Justice at Jomo Kenyatta International Airport (JKIA) with my officials, who insisted that he could not travel because he had not been cleared by Mr. Francis Kimemia. And would like to state the following;
1. The immigrations act only bestows such powers to the Minister for immigration to regulate travelling of foreigners and not Kenyans
2. The rights of any Kenyan to enter and leave the country at will are protected under the constitution. They include the right to acquire travel documents when required.
3. For Kimemia to purport to instruct my officers is shameful and I demand explanation.
4. In conclusion, while investigations on the conduct of the said officer are ongoing I would like to sincerely apologise to the Hon Chief Justice on the embarrassing incident.
Hon Gerald Otieno Kajwang –
Immigration Minister
We are in trouble! As already mentioned, those currently in power will do everything in their power ensure those favorable to them win these elections! We are deluding ourselves if we think that a repeat of 2007 isn’t possible. The political and economic elites won’t mind 1500 collateral – deaths of mostly poor people to maintain their positions.
My biggest concern is that we are slowly treading towards a mafia state where organized crime groups have connection to state institutions and authorities. These groups will ensure that politicians who give them a free hand are elected. The masses are not too concerned at the moment about the repercussions. I guess there are no shortcuts to experience and painful lessons.
The Kenyan electorate will have to discover on their own how painful and unjust a Mafia State can be!
On the CJ, I wish the judiciary would spend money on security and armor instead of luxury cars! It is not clear that all judges have CJ’s conviction and once threatened there’s no telling what they will do…
Let us look at this threat objectively with an open mind, shall we Kenyans? What are the known facts surronding mungiki?
– Mungiki are mostly disfranchised and jobless kikuyu youth.
– Mungiki want a return to kikuyu cultural values regarding morality and governance.
– Mungiki view the kikuyu political elite as corrupt and perpetuators of impunity.
– Mungiki are against the creation of political dynasties by the kikuyu political elite.
Mungiki are led by Maina Njenga who has been hounded and used by the current administration as they attempted to deal with the threat of rising rebellious kikuyu youth in central province. The government resorted to assassinating these youth and mungiki leaders in their frantic attempts to no avail. This government is headed by a kikuyu president that had no qualms about eradicating the mungiki “vermin” and there was no love lost between the political establishment. Peaceful demonstrations by mungiki youth were countered with security forces and teargas canisters, they attempted a peaceful thousand man march reminiscent of the one Martin Luther King held in the USA in the 1960’s but were repulsed by the police. The kikuyu political elite called a meeting to elect what they termed as the kikuyu leader destined to take over from Kibaki, but the mungiki caused havoc this meeting when they demanded that the wishes of the moneyless and landless kikuyu also mattered. Police intervention saved the day. Mungiki then called for a meeting of their own in Limuru and were denied the necessary permits, but they attempted to meet anyway. The security apparatus put an immediate end to their plans on the material day. I also recall their leader Maina Njenga declaring support for ODM and being welcomed to the fold by Raila himself.
With this in mind, how do the mungiki suddenly turn and apparently support someone they consider a traitor to their community and people? They are very aware of the fact that despite Uhuru being a kikuyu by tribe he is certainly not one of them, and he belongs of the political elite that has taken everything from them since the colonialist handed over the country to them. Support for Uhuru amongst the mungiki can be compared with their support for Raila, which is practically zero.
An attempt is being made once again to use mungiki to frighten Kenyans with fake threats in an attempt to convince the electorate that the kikuyu as a community are out to take over Kenya by whatever means possible. The architects behind this fake threat to the Chief Justice hope to whip up tribal sentiment and influence the non-kikuyu electorate. This is 2007 once again with a call for 41 against 1, tribes against the kikuyu, but in a discrete under-handed way. This kind of action is also intended to also create an atmosphere of fear and anger, a clear step towards manipulating the political outcome of the coming elections and prepare Kenya, and the world, for a situation similar to that of 2007 post elections.
This so called threat is evil incarnated and demonic and has been conjured up by persons yet unknown as a contingency plan geared at justifying violence in the aftermath of losing the coming elections.
It’s campaign time and anything is possible there is pressure from all corners that Uhuruto doesn’t win so all this are desperate moves to undermine others. But time will tell
a trick to seek sympathy votes
uhuru Kenyatta atamkula ruto mugret and mogogom thats ok.
but to eat Shebesh kafinjet will make him womaima.
Mheshimiwa Ruto Muguret and Mogogom might be uhuru kenyattas maima.
UHURU KENYATTA Presidency …… Tough WARNING to the US and EU from MUSEVENI, KAGAME and four others
The Kenyan DAILY POST Politics 03:58
Thursday February 21,2013 – It seems Deputy Prime Minister Uhuru Kenyatta’s journey to State House is unstoppable now, after six African Presidents wrote a letter to the United Nations on Wednesday, warning the European Union and United States of America against imposing sanctions on Kenya if Uhuru Kenyatta wins the presidency on March 4th.
The Head of States from Uganda, South Sudan, Ethiopia, Rwanda, Burundi and DRC warned that if they dare impose sanctions, they will cut diplomatic ties with them because they rely on the stability of Kenya for their survival.
Rwanda and Uganda further added they will pull out troops from Sudan and Somalia if that happens.
The Presidents insisted that Kenyans are mature enough to elect their leaders and must be respected.
“We say this with affirm our right to live. And we mean it,” the letter added.
The Presidents are; Uganda strongman Kaguta Museveni, Rwanda President Paul Kagame, Burundi President Pierre Nkurunziza, Silvia Kiir of South Sudan, Ethiopia President Girma Wolde-Giorgis, and DRC President Joseph Kabila
Deputy Prime Minister Uhuru Kenyatta has been indicted by the International Criminal Court (ICC) and at the same time he is a Presidential candidate in the incoming poll.
EU and US have threatened the country with economic sanctions if Uhuru ascends to the top seat on March 4th.
The Kenyan DAILY POST
Yes!Bring back the red, ex-British army aprons, stinking, 5kg sheep wigs from new zealand on the head of a grown african man in sweltering heat, and daily nolle prosequi, and he would be very comfortable.
see more
kwani kenya belongs to the only one tribe,no way kenya is for all ,vote wisely aand have peace lets not re do wat was done 2007 2008.kenya is one.
Mr. Francis Kimemia is in the Executive branch of Government subservient to the authority of the President and Prime Minister while the Chief Justice is the Head of the Judiciary subservient only to the Constitution. How then, can Mr. Kimemia purport to require the Chief Justice of the Republic to seek his permission for anything? The very idea is laughable. These actions are tantamount to intimidation and are a grave slight on the sacred governance principle of Separation of Powers.
The Youth applaud Hon Willy Mutunga’s expression of willingness to pay the ultimate price to ensure that the Rule of Law is upheld. To him we say, do not be cowed…We stand together! He now joins the ranks of Kenyan heroes led by the likes of Tom Mboya, JM Kariuki and Pio Gama Pinto who have already paid this immeasurable price not to mention the Rt Hon Raila Odinga who has put life and limb on the line for the sake of the people of Kenya. Do not be fooled, the struggle for freedom and justice is real even today. The young people of Kenya must remain vigilant against any efforts to erode the costly gains so far made.
Kenyans must register their displeasure at this careless and flagrant disregard for Constitutionalism. We, as the Youth of the Republic, mindful of the delicate peace which we enjoy, reject any form of State interference in our choice of Raila Odinga as President.
Are these deadly daily accidents organized to get rid of unwanted political dissidents?
http://www.capitalfm.co.ke/news/2013/02/at-least-35-killed-in-mwingi-bus-crash/