Rila Odinga’s Letter to CJ Mutunga on Complicity of the Judiciary in Suppression of Civil Liberties
The CORD fraternity is dumbfounded by news that a court of the Kenya Judiciary has issued an order against the Principals of the coalition ordering them not to convene any mass action in Kenya on the 7th July 2014 and stating that the said Principals shall be personally liable for any damage during the protests they convene.
From the very outset I wish to reiterate to you Article 37 of the Constitution of Kenya which states that:“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities”.
Mass action is just a common phrase to describe the exercise of this constitutional right and is not a legal principle that can rend itself to interpretation of the court outside the confines of Article 37.
It must then be taken to mean that the Kenyan court has ex-parte, without wanting to hear any representation from us, and without due regard to the indefeasibility of our rights as citizens of Kenya, decided that I, my co-Principals and the entire CORD fraternity, cannot enjoy any of the rights granted to us by Article 37 of the Constitution.
Further, against all principles of Constitutional law, dictates of responsibility of government and basic common sense, the court has purported to create a hitherto unknown legal responsibility for the conveners of an assembly to be personally liable for the independent personal conduct of all attendees.
In what we now call the dark days, the Judiciary became an ally of the Executive in the abuse of the rights of people, particularly those who fought for greater democratic space. We all remember how Judges like Norbury Dugdale were kept as watchmen for the Executive and readily issued any order, however outrageous, that was needed to stop the exercise of fundamental rights that the State considered to be a threat to its dictatorship.
Rulings like the one issued against CORD today only fortify our concern that Kenya is marching backwards to the dark era, instead of forward to a happier, freer society that we long desired and fought for.
It is disheartening to see that we are going back to those days and that it is happening under the new Constitution.
Kenyans have put their faith in this Judiciary and in you as its Chief Justice to restore the constitutionalism that was abused in the years past and to restore, preserve and protect their liberties against all threats from the State.
You must not let Kenyans down. We hope that this matter will receive your urgent attention and intervention. On our part, we in the CORD fraternity shall ignore this attempt at unconstitutionally delimiting our rights and shall continue with our planned assembly and demonstration as was intended by the people of Kenya when they promulgated the Constitution. The Constitution is on our side.
RT. HON RAILA ODINGA,
LEADER, ODM/ CORD COALITION
JULY 4, 2014.
a. they are millionaires.
b.their security is guaranteed.
c. their health is highly insured.
d. they live in posh neighborhoods
e. never get affected by arbitrary matatu hikes when it rains.
f. never queue at KNH for near nil medical services.
g. their kids go to the best schools abroad.
h. when they call for a public demo, their wives and kids never
participate but are well secured behind a cricket oval.
i. they don’t wait for Kambi or Atwoli to announce to a 13% salary increment once a year whereas inflation is at all times more than 15% theirs is automatic will.
j. they all hold diplomatic passports in case things in Kenya become hot.
k. their families never sleep hungry.
l. they are never affected by demolitions.
m. when in trouble, their tribe come to their rescue.
The list is endless. The only common thing we have with them is our National ID’s.
Now, before you think of fighting your neighbor in the name of defending them, take a look at your ID.
That is who YOU are, and that is where you came from unless you lied about it. Only God knows where you are headed next.
The only connection you have with Raila’s family is maybe you walked along Oginga Odinga street today hustling for a job or ate at a restaurant along that road.
The only connection you have with Kenyatta’s family is maybe you walked along Kenyatta avenue, mama Ngina street, you have been admitted or born at KNH, you trespassed at KICC, flew out to the diaspora via JKIA, went to Kenyatta High School, JKUAT or K.U, or maybe you were broke couldn’t afford lunch and opted for 200 ml Brookside milk for lunch. You are financially close to them by making them richer.
The only connection you have with your so called with ‘my choice’ is you watch them on TV strategizing on how to cash your hard earned cash or their helicopters may disturb your lunch break-hunger-slumber under a tree.
Sisi ndio wenye-nchi and we should protect our fellow wenye-nchi who we share so much in common with.
What’s wrong with some Kenyans? Don’t they ever learn? Be a KENYAN.
Masiani ,why are you copycutting Mister Seed’s blog .cant you use your brain to write a sensible comment not the ones written by Kikuyu chauvinists living in London where they exploit British welfare and other perks.