Speculation over Annan remark on Uhuru, Ruto

By Stephen Makabila                           

Former United Nations Secretary General Kofi Annan’s message last week was clear, that although reforms ahead of the March General Election are fairly good, electing people facing charges at the International Criminal Court will have implications on Kenya’s foreign relations.

The emerging question, however, is whether Annan was simply relaying his own personal message, or he was delivering a message from global powers, given his status as a former UN secretary general.

“Annan seems to have come with instructions to state what world powers want. He was giving the Judiciary those instructions. His message was what the US Secretary of State Hilary Clinton had delivered earlier and it was not strange because that is what these powers have been doing,” says Munene Macharia of United States International University.

Macharia, a professor of History and International Relations, argues major world powers like the US have interest in Kenya due to its strategic location in Eastern and Central Africa.

“They would want to influence whoever is elected President for their bilateral interests and stability in the Horn of Africa region,” he added. Annan, who mediated the peace deal that ended the bloody post-election violence in 2008, said there are implications if Deputy Prime Minister Uhuru Kenyatta or Eldoret North MP William Ruto becomes president.

“Everyone needs to ponder, particularly when we are dealing with leadership of a country and leadership that involves other countries outside Africa,” said Annan, who failed to secure an appointment with President Kibaki during his visit.

The former UN boss’s statement drew immediate reactions from Uhuru, Ruto, and Justice and Constitutional Affairs Minister Eugene Wamalwa, among other leaders.

High Court lawyer Titus Bittok says Annan’s comments were not in order bearing in mind the leadership and integrity case facing the two was still pending in court.

Meddling

“He may be an international person but because he was in the country, he should have had some courtesy to respect our laws,” added Bittok, a law lecturer at Moi University.

Former Chief of Protocol in the PM’s office, Tony Gachoka, also says the Annan statement was worrying. “It’s Kenyans who should decide through universal suffrage who leads them.  There should be no attempt by outsiders to pull strings from behind the scene,” says Mr Gachoka.

Uhuru told foreigners to stop meddling in the country’s affairs, and especially with the General Election.

The DPM said foreigners should stop telling Kenyans, who they should or should not elect and that he was seeking the presidency to oversee the development of Kenya, East African Community, and Africa.

“My focus is on Kenya, the region, and the continent. No Kenyan or African has said that Uhuru should not vie for president,” added Uhuru.

Ruto accused Annan of trying to dictate whom Kenyans should elect as president.  “It is in bad taste for a person like Annan to travel all his way from Ghana to tell voters who to elect.  I am telling him to keep off,” said Ruto. When Clinton visited in August, Ruto claimed, “The US Secretary of State has told the Government that Uhuru and I are not supposed to run. She has also hinted that America will impose sanctions on us if we participate in the polls and win. This is dictatorship,” Ruto said.

The Eldoret North MP then told Clinton to stop dictating to Kenyans how they should conduct their elections.

“When she visited Chief Justice Willy Mutunga at the Supreme Court and commented on the ICC cases involving us, she was clearly interfering,” added Ruto.

A city lawyer Harrison Kinyanjui even went further and petitioned Mutunga to reveal what he discussed with US Secretary of State during the meeting.

In his petition, Kinyanjui wants the CJ to disclose whether they discussed the cases challenging the eligibility of Uhuru, and Ruto to run for president.

Uhuru had equally at one time taken on Mutunga over his statements on leadership and integrity. 

And, curiously, Attorney General Githu Muigai backed Uhuru and Ruto case challenging their eligibility to run for president.

 In a preliminary objection, the AG had argued, the court was being invited to enter the arena of legislation that constitutionally belonged to Parliament. 

On his part, Uhuru had wanted the court to stop Mutunga from issuing statements that had a bearing on his presidential ambition.

And during his latest visit a week ago, Annan emphasised respect for the rule of law was paramount, arguing that the cases at the ICC were against individuals and not any tribe or group.

“These cases are against individuals and not against any tribe or group. Justice must be done and Kenya is obliged to assist the court in accordance with the Rome Statute,” he maintained.

However, former Tanzania President Benjamin Mkapa who had accompanied Annan declined to comment on Uhuru and Ruto’s presidential candidature, insisting a case is currently before the High Court to determine their suitability to run.

But as the country draws closer to the March 4 General Election and the public waits patiently for the final High Court ruling over the two ICC suspects eligibility to run for president, international focus seem to be increasing.

Recently, President of the Pan African Parliament, Bethel Amadi, indicated an advance team would be sent to Kenya to assess the situation ahead of elections.

The Parliament, launched on March 18, 2004, in Addis Ababa with the ultimate aim to evolve into an assembly with full legislative powers, is one of the 10 organs of the African Union.

Currently, it exercises advisory and consultative powers, with membership drawn from 47 of 54 AU member States, including Kenya.  The assembly sits in Midrand, Johannesburg.