Uhuru-Ruto bid presents dilemma

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United Republican Party leader William Ruto (left) and his TNA counterpart Uhuru Kenyatta. Photo/FILE  NATION MEDIA GROUP

By BERNARD NAMUNANE bnamunane@ke.nationmedia.com and OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Saturday, November 10  2012 at  00:30

IN SUMMARY

• Queries arise over the impact of the two presidential hopefuls running on a joint ticket

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The country faces a political and legal dilemma as growing indications show that presidential aspirants Uhuru Kenyatta and William Ruto, who are facing integrity questions, will run for State House on a joint ticket.

Mr Kenyatta of The National Alliance (TNA) and Mr Ruto of United Republican Party (URP) have launched fierce campaigns and rallied their home regions behind their bids, raising questions as to what might happen if they are locked out of the race on legal grounds.

The two aspirants have built significant political support by reaching out to other regions and are set to announce a coalition with Cabinet ministers Eugene Wamalwa (New Ford Kenya) and Charity Ngilu (Narc) as they gun for State House.

Trial to begin

However, Mr Kenyatta and Mr Ruto are facing charges of crimes against humanity at The Hague stemming from the 2007/2008 post-election violence with the trial proceedings set to begin in April next year.

They are also subject of an integrity case at The High Court in which eight activists want them barred from the presidential race.

Attorney-General Githu Muigai has also sought the legal opinion of the Supreme Court on whether their political rights to run for elective positions can be taken away by integrity threshold set in the Constitution.

On Friday, MPs, lawyers and political analysts gave differing views on the dilemma posed by the presidential bids of Mr Kenyatta and Mr Ruto, barely three months to the next elections.

Imenti Central MP Gitobu Imanyara blamed President Kibaki for allowing the country to reach the current state.

“This is due to the lack of leadership on the side of the President. He ought to have said that we passed a Constitution which sets integrity standards which cannot allow people facing cases at The Hague to contest the presidency,” he said on phone.

Mr Imanyara said President Kibaki will leave a negative legacy if he allowed the forces against the integrity standards in the Constitution to reverse the gains registered by the new Law.

“I don’t know if that is the legacy the President wants to leave,” he said.

However, lawyer Kibe Mungai argued that Prof Muigai had not raised any integrity issues with the Supreme Court in his application.

He stated that the only case facing Mr Kenyatta and Mr Ruto was at the High Court.

While describing the case at the High Court as “ a waste of time” he submitted that any questions touching on presidential elections were preserve of the Supreme Court and not the High Court.

“Those who filed the case don’t know the law. Matters to do with presidential elections can only be dealt with the Supreme Court,” he said on phone.

Mr Mungai argued that the case was premature because neither Mr Kenyatta nor Mr Ruto has been declared a presidential candidate by the Independent Electoral and Boundaries Commission.

He said the case, which will come up in the next two months when nominations have been carried out, may not even be heard before the next elections.

“This case has no chance of being heard before the elections,” he said.

Political analyst Prof Egara Kabaji, warned that Kenya risks becoming a pariah state if Mr Kenyatta and Mr Ruto are elected as President and vice President next year.

The two, he said, will not be able to travel to some of the Western capitals which would make it impossible for them to operate their government.

International Commission of Jurists director George Kegoro said that even tough the two politicians have boldly maintained that they were in the presidential race, there were doubts as to the political and legal legitimacy of their candidature.

He added that matter will be complicated further if they run on a joint ticket and win the election.

“Without considering the legal issues involved, there would be significant practical problems for Kenya as the president, expected to run the country, will firstly be physically absent on trial, and, secondly, sharing his time between somehow leading the country from abroad and mounting a defence in his trial,” he said.

Mr Ken Wafula, the former chairman of the National NGO Council, warned that the integrity questions facing Mr Kenyatta and Mr Ruto should be handled carefully to avoid a possible backlash from their supporters.

“If this matter is not handled carefully it might lead to unforeseen consequences.”