CORD hammer at William Ruto’s integrity over High Court ruling in land case

Updated Monday, July 1st 2013 at 23:50 GMT +3

CORD leaders during the party’s governors and senators retreat in Mombasa on Monday. [Photo: Omondi Onyango/Standard]

By Moses Njagih and Patrick Beja

Kenya: CORD is mulling over an attempt to impeach Deputy President William Ruto. Such a move would open up a fresh battleground with the Jubilee Alliance.

CORD leaders claim last week’s High Court ruling ordering Ruto to pay an internally displaced person Sh5 million and return his 100 acres of land is proof the Deputy President should not be in offi ce.

The court ruled that Ruto had “illegally” occupied the land for fi ve years. CORD leaders allege the judgment dented Ruto’s integrity as a State offi cer.

Speaking at the CORD retreat for Senators and Governors, the leaders hinted they would also seek a fresh investigation of Ruto.

They claimed that the fi ndings of the High Court raised fundamental questions about Ruto’s integrity and suitability to hold public office under Chapter Six of the Constitution of Kenya 2010.

ODM Secretary General and Kisumu County Senator Prof Anyang Nyong’o revealed that CORD might take the battle to the Senate and the National Assembly, the two houses of Parliament.

“We may consider this matter, but this can be done when the right time comes,” Nyong’o said.

Mombasa Senator Hassan Omar said the Public Accounts Committee of the National Assembly could summon Ruto and question him over integrity issues regarding the land saga.

“The Public Accounts Committee cann inquire into the land problem involving the Deputy President in view of the office he holds,” Omar said, adding that it would be up to Ruto to defend himself against the questions raised over the matter.

Impeachment

A CORD legislator, who declined to be named, said that the plan is still under discussion by the “relevant people” but they would capitalize on the stipulations of the Constitution to push for Ruto’s impeachment.

“We know we it will be a difficult mission, but we want to push on. We want Kenyans to make a judgment on whether Ruto’s integrity matches those required of the holder of his office,” he said.

He acknowledged that it would be a challenge given that such a motion requires an absolute majority vote in both the National Assembly and the Senate, numbers that CORD lacks.

“The precedent has been set. If former Deputy Chief Justice Nancy Baraza left office on such a flimsy incident involving a security guard, we want Kenyans to decide if after being linked to an illegality, Ruto can continue holding the office,” he added.

But in a quick rejoinder, Leader of Majority in the National Assembly Aden Duale dared CORD  to sponsor an impeachment motion against Ruto, saying the move would face “the full resistance of the Jubilee troops”.

He faulted CORD’s position saying the leaders never fully read and understood the High Court’s ruling delivered last week that he said absolved Ruto of any wrongdoing in the matter.

Defend Ruto

“They have not read the ruling. They are presenting their arguments after reading what is written in the newspapers,” he said.

Duale added: “The court cleared Ruto and it is on this basis that the lawyers are appealing as they wonder why after absolving him of blame, the court could go ahead and fine him Sh5 million”. But Duale said the Jubilee alliance is ready to face CORD “inside and outside Parliament” to defend Ruto.

“Let them bring the impeachment motion. We are more than ready to face them. Let them not speak from the streets, but bring the motion to the floor of the House,” said the Majority Leader.

Commit crime

Apart from the gross misconduct that the CORD legislators are alleging, the Constitution stipulates two other grounds under which a Deputy President can be impeached.

Article 150 says the Deputy President can only be impeached for gross violation of the Constitution or if he commits a crime.

But to carry the motion through, CORD would have to marshal more than a two-thirds majority of the National Assembly to have the motion carried over to the Senate, where again they would require a similar number to impeach Ruto.