REFERENDUM STILL ON

The August 4 referendum would still be held despite the Constitutional Court ruling, Attorney-General Amos Wako clarified on Tuesday.

At the same time, a fallout over the High Court declaration that the kadhi courts were illegal took another twist on Tuesday when a group of ministers and MPs accused colleagues in the Yes camp of conspiring to defeat the proposed constitution.

At separate press conferences, one group accused the Judiciary of being used by anti-reform groups; while another accused some ministers of secretly working for the No campaign.

Still be held

Mr Wako clarified from London that the Constitutional Court ruling would not affect the referendum.

Cabinet ministers James Orengo, Mohamed Elmi, Najib Balala, Deputy Speaker Farah Maalim, assistant ministers Aden Duale, Mohamed Mohamud and MPs Martha Karua and Sofia Abdi described the Constitutional Court ruling as suspect.

Mr Orengo, the lawyer for the defunct Constitution of Kenya Review Commission in the case filed in July 2004, said the timing was suspect because arguments in the case were completed two years ago.

He termed the case abuse of the judicial process.

Mr Balala recalled the illegal insertion of the words “National Security” in the Bill of Rights: “We are disturbed by the actions and behaviour of this axis and anti-reform forces. Who else can penetrate the government systems in this manner and even sneak words into the document?” asked the Tourism minister.

Mr Elmi said the case was not about the kadhi courts but part of a wider plot to derail constitution review, while Ms Karua, a former Justice minister, said “such decisions bring Judiciary into contempt”.

She said the Judiciary has always been anti-reform and wondered how kadhi courts that are enshrined in the constitution can be declared unconstitutional.

Separately, assistant ministers Kabando wa Kabando, Ndiritu Muriithi, Cecily Mbarire and MP Jeremiah Kioni, challenged PNU leaders allegedly wavering between Yes and No to provide leadership and take a position.

They accused some leaders of engaging in doubles peak; projecting the Green campaign during the day while at night priming their “battalions and backyards” for the Red camp.

“We are scanning and screening you even as you claim to be in Yes yet the whole of your battalion and foot soldiers who always accompany you on the platform are not with you at this historical moment,” Mr Kabando told the unnamed leaders who were accused of representing a conservative elite that always favoured the status quo.

And speaking from London, Mr Wako assured Kenyans that they would vote at the referendum on a new constitution despite the High Court declaration.

He said only the Interim Independent Constitutional Disputes Resolution Court had jurisdiction in matters relating to the proposed constitution.

Mr Wako spent most of Tuesday morning at the Kenyan High Commission in London coordinating an appeal against the verdict by three judges that has called the fate of the August 4 referendum into question.

Be voted for

Retention of the kadhi courts in the new constitution to be voted for at the referendum is one of the contentious issues that has seen some Christian leaders rise up to mobilise a No vote.

Mr Wako also took issue with the timing of the verdict.

“It is worth noting that the arguments in this case were closed on March 11, 2009 and the judgment is being issued over 14 months later when the legal landscape has considerably changed,” he said in a statement.

In Nairobi, the AG’s office filed notice of intention to appeal against the decision.

The notice of appeal, which was filed by state counsel Antony Ombwayo, says: “The AG being dissatisfied with the decision of judges Joseph Nyamu, Roselyne Wendoh and Mathew Anyara Emukule given at Nairobi on May 24 intend to appeal against the whole of the decision for the same was in itself unconstitutional.”

The AG’s views that the decision did not affect the referendum was supported by Justice and Constitutional Affairs minister Mutula Kilonzo who urged Kenyans to prepare for the referendum vote and not be distracted by the verdict.

Committee of Experts chairman Nzamba Kitonga, whose team prepared the proposed constitution, predicted that more challenges to the document and review process would be lodged as the clock ticks closer to referendum date.

The Supreme Council of Kenya Muslims called for calm as Kenyans prepare for the referendum. It accused the Judiciary of acting in bad faith by allegedly trying to scuttle the law review to avoid being vetted.