Stop attacks on top court judges, Uhuru, Ruto told

Central Organisation of Trade Unions secretary general Francis Atwoli addressing the media at Solidarity House in Nairobi on September 3, 2017. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP 

In Summary

• Francis Atwoli warned that remarks by the President and his deputy directed at the judges of the Supreme Court over their decision to a annul their election win, will further polarise the country.
• He also faulted the President and Mr Ruto for immediately embarking on campaigns for the repeat elections whose date is yet to be announced by the IEBC.
• Mr Atwoli said the President and Nasa leader Raila Odinga have their supporters and instead of dividing the country they should prepare themselves for a rematch and Kenyans will vote for them.
• Dr Aukot said  the president’s tirades and insults against the judges confirm his disrespect for organs of the State and the rule of law.   

By NATION TEAM

President Uhuru Kenyatta was has been roundly criticised for his stinging attack on the Supreme Court and his vow to fix the Judiciary if he will win the repeat elections.

Central Organisation of Trade Unions boss Francis Atwoli,  Thirdway Alliance leader Ekuru Aukot, and the East African Law Society urged the President and other Jubilee leaders to respect the decision of the Supreme Court.

Mr Atwoli who spoke in Nairobi  on Sunday urged President Kenyatta to stop unwarranted attacks on the Judiciary.

He warned that Saturday’s remarks by the President and his deputy, William Ruto, directed at the judges of the Supreme Court  led by Chief Justice David Maraga,  over their decision to a annul their election win, will further polarise the country.

“I am appealing to His Excellency the President to be a little bit sober. He should be himself,” said Mr Atwoli, adding that it’s wrong for Mr Kenyatta to calls the judges wakora (crooks).

REPEAT ELECTIONS

He also faulted the President and Mr Ruto for immediately embarking on campaigns for the repeat elections whose date is yet to be announced by the Independent Electoral and Boundaries Commission .

“If I were President Uhuru Kenyatta today I would still be thinking what to do. You do not just hit the road immediately and start politicking you will make a lot of mistakes in the process and even people who voted for you will change their mind and say this is not the right person for Kenya,” he said.

Mr Atwoli said the President and Nasa leader Raila Odinga have their supporters and instead of dividing the country they should prepare themselves for a rematch and Kenyans will vote for them.

“So I am appealing to the President that he should not be emotional and irrational. He has no moral authority to lash out at the judges if he himself appealed to Kenyans to accept results,” said Cotu boss.

FRESH MANDATE

Mr Atwoli said if indeed Mr Kenyatta is confident he won, he should not be afraid to go back to the electorate and seek fresh mandate.

“Mr Kenyatta, Mr Ruto, MP Adan Duale and Senator Kipchumba Murkomen asked Mr Odinga to go to court and they did so. They argued their case well and won so we do not expect those insults. Jubilee had their lawyers at the court too,” he added.

At the same time, Dr Aukot said  the president’s tirades and insults against the judges confirm his disrespect for organs of the State and the rule of law.   

“We condemn the continued attack on the Judiciary, specifically the Supreme Court judges, in particular Chief Justice David Maraga, by a person who is currently the President and seeking to be re-elected as president. This is unbelievable and unacceptable,” he  said.  

INTEGRITY

Mr Aukot said that the President’s behaviour offends the provisions of the Leadership and Integrity Act anchored in chapter six of the Constitution.

“President Kenyatta has brought disrepute to the very high office he holds. He cannot claim to be President yet he does not respect the rule of law. You are entitled to disagree with the judgment of the court but it is too low on your part to call judges crooks.

During a public rally at Burma market in Nairobi just moments of the court verdict, a visibly angry President, his deputy and a section of Jubilee MPs promised to fix the court should he win in the fresh elections.

He said that six people cannot overturn the decision of 15 million voters.

However, Mr Aukot warned the President that the presidency was not his entitlement and that it is time he managed his emotions.

“The president is betraying the very oath of office he took to protect and uphold the constitution and the rule of law. Accept the verdict of the court or boycott the repeat elections; then perhaps you can gracefully retire,” he said.

ATTACKED JUDICIARY

And in Arusha, Tanzania, East Africa Law Society chief executive officer Hanningtone Amol said the President “crossed boundaries when he attacked the Judiciary.

“He quite unfortunately crossed the boundaries of fair criticism and ventured into personal attacks on the judges”, said Mr Amol, the head of the regional bar association based in Arusha.

He warned that if not contained the continued criticism by the agitated Head of State may erode public confidence in the judicial system.

Mr  Amol defended the court’s verdict,  arguing it had served to show that Judiciary in an East African Community  state has attained the ideals of independence.

“This decision gives hope to political players, business people and the general citizenry in EAC that Kenya is compliant  with Article 6 (d) of the EAC Treaty”, he said.

— Reports by Ouma Wanjala, David Mwere and Zephania Ubwani