HYPOCRICY

Government searchlight shone on leading opponents of Proposed Constitution, among them, Higher Education Minister William Ruto, an Assistant Minister, and two MPs over claims of making hate speeches.

The ‘No’ side and Church ministers resisting the draft immediately declared the sessions with police, who President Kibaki ordered on Madaraka Day to clampdown on purveyors of hate speech, an act of intimidation by the Government-backed ‘Yes’ side.
It was a heady day for ‘No’ MPs led by Cabinet Minister William Ruto outside CID headquarters after arrest of three of their colleagues. 　

In what could widen the ground between the ‘Reds’ and ‘Greens’, ten MPs, among them Cabinet minister Naomi Shabaan, Lugari MP Cyrus Jirongo, and Mutito MP Kiema Kilonzo, condemned the move.

Ruto was interrogated by the commission mandated by law to stifle and punish hate and threatening speeches, while Assistant Minister Wilfred Machage and Mount Elgon MP Fred Kapondi were arrested and dragged to CID headquarters for questioning.

Also in police hands were Cherangany MP Joshua Kutuny, and Nyagitha Miller, the widow of former Guyana-born Chief Justice, Cecil Miller. The four – Dr Machage, Mr Kapondi, Mr Kutuny and Ms Miller – were still being held last evening, and police sources said they would be locked up overnight for court appearance today.

Ruto, who was at Uhuru Park when three grenades detonated on Sunday, and has since blamed it on those he claims are out to force the document on Kenyans, was spared the humbling ordeal of cross-examination by crime busters.

However, politicians who are key planks in his ‘Red’ corner in the referendum were questioned. Eminent televangelists were also quizzed on the tragic events of Sunday evening at Uhuru Park where they preached.

The National Cohesion and Integration Commission questioned Ruto over what he said were messages posted on an Internet Facebook account bearing his name. Ruto said he has no idea about the author. He later claimed the commission was being used to persecute opponents of the draft.

Defence

Ruto charged NCIC was trying to shift blame for Sunday explosion on him, and his allies. "They are trying to create an impression that because of hate speech the explosions at Uhuru happened," he said.

The Commissioner of Police Mathew Iteere later told journalists Machage, Kapondi and Kutuny would appear in court today to face charges. Those found guilty may face a jail term of up to six months, or be fined Sh1 million.

Iteere said police would not spare anyone who peddles untruths. "Let all know that the law now allows us to act on such people we will not sit back and watch people who peddle untruths. We will act with the assistance of other organisations," he said.

Police said they were acting on information that Kutuny, Kapondi and Machage peddled hate speeches in Nairobi and outside the city. The officers also said they were investigating claims against at least two other MPs.

Ruto argued by trying to nail, "me on the basis of what third parties post on Facebook, they have proved they were not genuine or sincere" and accused the commission of fishing for evidence to settle political scores.

"I was summoned on the basis of a story on Facebook. I do not have an account on Facebook. There are several sites on the Internet that write stories about me, which I have no control over."

As the ‘No’ side began feeling the heat of the campaign that would culminate in the August 4 referendum, Kapondi spent Monday night in Continental House to escape arrest. But he gave himself up yesterday.

Police detectives, who Ruto estimated at 30, hauled him to Mazingira House along Kiambu Road, while Machage surrendered to the police outside his city residence. He, too, was whisked to CID headquarters where he recorded a statement.

Hours later, the televangelists arrived, but their line of questioning was largely on the blasts at Uhuru Park. The applicant for the meeting’s license, Apostle James Maina Ng’ang’a of Neno Ministries, was reportedly on the hot seat answering why what was described as a ‘prayer crusade’ transformed itself into a ‘No’ rally.

Adverse evidence

The televangelists who spent four hours with investigators, after a solidarity speech and picture session with Ruto and other ‘No’ leaders who turned up at Mazingira, included Bishops Margaret Wanjiru, David Murithi, Mark Kariuki, Wilfred Lai, Apostle Ng’ang’a, and Apostle Francis Musili.

On Monday, the commission said it had adverse evidence against Ruto, Machage, Kapondi, Kutuny, and ODM Nominated MP Sheikh Mohamed Dor. It said that it had written to President Kibaki and Prime Minister Raila Odinga to suspend campaigns on the draft until July 13.

Machage is accused of having uttered statements that border on hate speech at a ‘No’ rally in Nairobi. "If the Proposed Constitution is passed, communities would hide under the pretext of claiming their ancestral land and drive others out of their land," Machage said.

He added that his own Kuria community "will surely reclaim" its ancestral land, which stretches up to Awendo, in Rongo District.

"We would do so since it would be law, even if it means using some force," he warned.
Religious leaders, too, speak out at Uhuru Park. [PHOTOS:STAFFORD ONDEGO/ STANDARD]

Kapondi supported Machage’s interpretation, saying his Sabaot tribesmen would claim Bungoma and Trans Nzoia districts.

NCIC Act allows the commission to seek the help of the courts if a person fails to heed its summons.

Justice Assistant Minister William Cheptumo asked NCIC, which falls under his ministry, to avoid looking like it was leaning on one side of the referendum campaigns.

"The commission needs to be careful not to appear keen on punishing people who are discussing and interpreting the Proposed Constitution," Cheptumo said in Eldoret.

The Baringo North MP said the commission should differentiate what amounts to incitement, and what was a comment or interpretation of the Proposed Constitution.

The Assistant Minister claimed there were many politicians from the ‘Yes’ side who have publicly issued statements viewed as inflammatory by others, and NCIC should go after them if it were to be seen to be fair.

Ruto claimed the commission was turning into a "political tool to humiliate some leaders and advance the goals of others". He accused the police and NCIC of humiliating Kapondi.

"Why do you send 30 policemen to arrest an MP when you can summon him, even through SMS?" Ruto asked.

Kapondi was the first one to be arrested after he presented himself at the Parliament Police Station. He walked to the station and asked officers there to escort him to CID headquarters, but he was instead told he was under arrest.

Machage, who had also evaded police over the weekend and Monday, surrendered to police outside his city residence. In the company of his lawyer, he was driven to CID headquarters at about 9am. Police had visited his residence looking for him but they did not find him. They were later joined by Kutuny and were taken to separate rooms for interrogation.

Deputy secretary general of the National Council of Churches of Kenya, Oliver Kisaka, accused NCIC of applying double standards in its crusade against hate speech.

Kisaka also railed at NCIC, the media, and the ‘Yes’ side of Government claiming they were fanning hatred against Christians. He also claimed NCIC had allowed ministers in the ‘Yes’ camp to "call us demons" and incite violence against priests.

Murithi, who talked on behalf of the clerics, said they have postponed a rally they had planned in Nakuru this Sunday, to mourn those who died after the Sunday blast.

"Because it was a meeting of Church leaders and followers who are against the Proposed Constitution, it is easy for it to be branded a ‘No’ rally," Murithi said of the Sunday meeting.