Saturday, February 11, 2012

Nowrojee Was Wrong On Uhuru



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My attention has been drawn by the article by Pheroze Nowrojee about Hon Uhuru Kenyatta published in the Star on February 1, 2012. I know Pheroze as an amiable, intelligent and most courteous advocate in Kenya but he got most his facts wrong.
Firstly, his doubts as to whether Uhuru Kenyatta might or might not stand for election as President of Kenya in the forthcoming elections. Uhuru continues to reaffirm his desire and determination to run. As a lawyer, I can confirm that there is nothing in the Constitution of Kenya or The Election Act of 2011 to stop him from running. Justice Ekaterina Trendafilova of the ICC reaffirmed that Uhuru remains innocent until proved guilty. She apparently did this because speculations were rife that the ICC could bar the suspects from running for elective posts. Whether or not he is electable is a question voters will answer on the election day.
Secondly, Nowrojee enumerated what he considered to be Kenyan values which Uhuru allegedly violated. He alleges that Uhuru violated our respect for religion by calling for prayer meetings and turning them into political rallies. Uhuru is a Catholic hence a Christian. We believe that God is omnipresent and the Bible says that whenever two or more people are gathered, God is with them. Prayers can be and are held anywhere. In Eldoret, I saw prayers being conducted followed by fiery speeches. It is the late Anglican Bishop Dr. Henry Okullu who said that there was no clear separation between church and politics. It would have been pretentious if the leaders did not speak about the Hague process. The thousands of Kenyans who attend these meetings expect their leaders to speak to them on various political, social and economic issues.Uhuru is not one to disappoint his supporters.
Thirdly, the reason advanced to demonstrate that Uhuru disregards the constitution is laughable. The purported witnesses have been relocated to far flung countries. When they decided to become witnesses Uhuru was already flying a flag and therefore they cannot now claim to be truly scared. Justice Trendafilova's reaffirmation of Uhuru’s innocence was to preempt some overzealous people from applying mob justice by behaving like he has to be treated as a pariah. Even through there was no legal requirement to do so, Uhuru relinquishing his position at the Treasury is a mark of statesmanship and astuteness. No less an authority than the AG has affirmed that there is no legal basis for Uhuru's resignation.
Fourthly, The time to speak the truth is now. The police who man the gates to State House should come out now and confirm that Uhuru was not at State House at the time in issue. The will be doing what they should have done many months ago. Pheroze appears to be looking at Uhuru as a pariah and seems to imply that anything that appears to vindicate or point at his innocence should be viewed suspiciously or out rightly rejected.
Fifthly, Uhuru has a constitutional right to back himself and offer to serve the people of Kenya. The non-governmental organisations too have a right back candidates of their choice and they should not bar or intimidate others candidates either directly or through Pheroze Nowrojee. My grandmother in Kombewa, knows Uhuru Kenyatta, Raila and Weda but not a single NGO. It will take many years for such NGOs to influence elections in Kenya even if sponsored by the superpowers.
Demonising Uhuru for enjoying his constitutional rights allegedly because he has not been detained or teargassed is to introduce NGO dictatorship and fear mongering. Apparently, Nowrojee would prefer that people seeking the Presidency to first seek clearance from NGOS and some civil societies! What Kenya needs are able, working and fitting leaders who can fix our health care, fill the food granaries, education, infrastructure, economy, job opportunities, incomes and investments. It does not matter whether he or she knows the smell of teargas. Uhuru was a force behind the No campaign in 2005 referendum and when it came to ushering in the current constitution, he was all YES. Nowrojee like all Kenyans, has only one vote. He should not arrogate himself the right to make the choice of Kenyans.
Ambrose Otieno Weda is an advocate of the High Court of Kenya.
(okilweda@ gmail.com)

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