BALANCING ACT: President Uhuru Kenyatta tries out a new police motorcycle at Toyota Kenya yesterday. Photo/PSCU
PRESIDENT Uhuru Kenyatta directed his security chiefs not to arrest Opposition Leader Raila Odinga and other Cord leaders - as some allies and strategists had advised - just days before the Saba Saba rally.
Security chiefs and members of the National Security Advisory Council had wanted to arrest Raila and charge him for, among other things, declaring July 7 a public holiday. By law, only the President is allowed to declare a public holiday, subject to Parliament's approval.
"Once Raila declared a public holiday, NSAC met and agreed to pursue treason charges against him, but when we informed the President of the plan, he advised against it," said a member of the NSAC yesterday.
The President, the Star was told, was of the view that arresting Raila was unnecessary and he instead urged those charged with security to ensure that the rally took place peacefully.
According to NSAC sources, apart from Raila, the government was planning to arrest Cord principals Moses Wetang'ula and Kalonzo Musyoka, plus a host of MPs, and charge them with various offences.
Yesterday Raila, Kalonzo and Wetang'ula told media in Nairobi that he was aware of the plot to arrest him and others for “political incitement aimed at taking power through unconstitutional means".
Raila produced a Top Secret letter by NSAC addressed to Solicitor General Njee Muturi, seeking the legal opinion of the State Law Office regarding the law on treason in relation to political incitement.
“This letter is the clearest indication that the Jubilee Administration wants to arrest and detain the leaders of Cord on charges that have no basis in our Constitution and the law in order to emasculate the Opposition and give the regime the opportunity to introduce an imperial Presidency and despotic rule,” said Kalonzo.
The letter by National Security Advisory Committee Chairman Joseph Kinyua, who is also the President's Chief of Staff and Head of the Civil Service, read in part:
“Reference is made to the NSAC meeting held on Monday 23rd June 2014 where various issues of national security were discussed.
“On the issue of political incitement, the Solicitor General, State Law Office, to advice NSAC on the application of the law on treason in relation to political incitement aimed at taking over power through unconstitutional means”.
The letter was written on 24 June and copied to Attorney General Githu Muigai. The letter was the culmination of a meeting of top security chiefs shortly after the Mpeketoni massacre, which President Kenyatta blamed on local political networks.
Although the letter mentioned no name, Jubilee leaders had accused Raila of being used by a number of Western nations to stage an Arab Spring-like revolution to force Uhuru out of the Presidency.
In the letter, NSAC also directed the State Law Office and Inspector General of Police David Kimaiyo to facilitate the protection of key witnesses in the Mpeketoni attack.
“The Solicitor General, State Law Office, in conjunction with Inspector General, National Police Service and Director, Directorate of Criminal Investigations to facilitate the protection of key witnesses who have recorded statements following the Mpeketoni attacks under the Witness Protection Programme,” Kinyua directed.
Lamu Governor Issa Timamy was arrested on the same day. Flanked by Cord lawmakers yesterday, the leaders questioned why Director of Public Prosecutions Keriako Tobiko “had been eliminated from the process”.
They also maintained that the NSAC is dominated by members of one community and is likely to fall prey to what they termed “the advancement of a parochial and hegemonic agenda to the detriment of national unity”.
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