Miguna Miguna's lawyer James Orengo argues out his detention case at the
Milimani Law Courts on March 29, 2018. PHOTO | EVANS HABIL | NATION
MEDIA GROUP
A section of opposition leader Raila Odinga’s close allies are
pushing for an end to the new-found cooperation between him and
President Uhuru Kenyatta.
Led by Siaya Senator James
Orengo, they feel that President Kenyatta is not keeping his part of the
bargain, and that the “Harambee House handshake” is fast eroding Mr
Odinga’s hard earned stature as a reform icon and staunch critic of
injustices committed by successive governments.
Comprising
politicians and businessmen, the group argues that the hostility
recently exacerbated by the deportation of lawyer Miguna Miguna had made
the cooperation untenable.
They have informally asked
Mr Odinga, whom together with President Kenyatta on March 9 announced
that they would work together to unify the country, to suspend the
camaraderie until a raft of grievances are satisfactorily addressed.
If not, Mr Odinga will become part of any injustice committed by the Jubilee administration, they warn.
REFORMS
They want Dr Miguna to be unconditionally allowed back in the country, families of victims of post-election crackdown by police compensated and an agreement on how to achieve electoral reforms struck.
They want Dr Miguna to be unconditionally allowed back in the country, families of victims of post-election crackdown by police compensated and an agreement on how to achieve electoral reforms struck.
This came out in at least two meetings last week, events that
were followed by a press conference by both ODM party officials and its
leadership in the National Assembly condemning President Kenyatta
regime’s ‘blatant assault on civil liberties’.
Mr Orengo told Sunday Nation that in the absence of the rule of law, there was no point in Mr Odinga working with Mr Kenyatta.
“Uhuru
has to be held accountable now. Any engagement with him in any process
would be an act of impunity because he is condoning the blatant and
brazen defiance of court orders...,” he said.
“He has
put the Judiciary in an embarrassing position. His hands are there, the
warning he gave to the Judiciary that he would revisit it after the
Supreme Court overturned his declaration of win by IEBC is there for all
to see,” Mr Orengo added, stating a popular view within ODM’s political
circles.
RULE OF LAW
Mr Orengo further accuses the President of violating Article 131(2) of the Constitution.
“The
handshake rises or falls on the pedestal of the rule of law, and if the
State is out to undermine the rule of law, then it has no basis. The
joint statement by the two also talked about rights and respect for the
rule of law.”
Frustrations boiled over on Wednesday
night when he and Dr Miguna’s legal team were roughed up by GSU officers
at the airport, where they had gone to serve court orders to
immigration officials who were detaining Dr Miguna.
“The
government is not keen to follow the rule of law. The GSU have
clobbered us, meaning this handshake between Uhuru and Raila is
baseless,” he stated.
“So they have assaulted lawyers,
defied the court & deported Dr Miguna...! I feel helpless &
angry as an Advocate! Useless as an MP & angry as a Kenyan!!!,” an
equally frustrated Mr Amollo posted on his twitter account.
MASS PROTESTS
National Assembly Minority Leader John Mbadi warned that the stability and peace that the country has witnessed after the handshake may be eroded by the inhumane treatment Dr Miguna was subjected to at the airport.
National Assembly Minority Leader John Mbadi warned that the stability and peace that the country has witnessed after the handshake may be eroded by the inhumane treatment Dr Miguna was subjected to at the airport.
“We
take note that the recent developments, particularly the return to
Kenya of Miguna and his second deportation have cast doubts on the
deal,” he said.
But the Jubilee government through
various actors maintains that the whole drama about Dr Miguna was about
enforcing the law, and that it could have been avoided had he cooperated
with the authorities.
ODM Secretary-General Edwin
Sifuna has already signalled a return of running battles with security
agencies to force the State allow Dr Miguna re-entry.
“All Kenyans of goodwill must come out to defend the Judiciary, the rule of law and court orders.
"To
this end, ODM calls on Kenyans of goodwill, members of the bar, civil
society and the church to come out at an appointed date next week to
effect the court orders by arresting the convicted criminals; Fred
Matiang’i (Interior CS), George Kinoti (the head of the Directorate of
Criminal Investigations), Gordon Kihalangwa (Immigration chief) and
Joseph Boinnet (Inspector General of Police), and bring these fugitives
before the law,” he said.
TRUCE
Mr Odinga has been roundly criticised by his supporters mostly on social media, who feel that working with Mr Kenyatta is a political blunder.
Mr Odinga has been roundly criticised by his supporters mostly on social media, who feel that working with Mr Kenyatta is a political blunder.
They are demanding that he brings back his mojo to keep the government in check.
Critics
of the handshake within Mr Odinga’s inner circle argue that Mr Kenyatta
has demonstrated bad faith and that the opposition chief should not
feel beholden to the ‘terms of the truce’.
Dr Miguna was refused entry into the country by the immigration officials on instructions from the State.
The government insists that he is not Kenyan and as such, requires a visiting visa.
FEEDBACK
But
while some leaders have criticised the handshake, it still enjoys
support from a section of Mr Odinga’s allies, who feel that the
misgivings surrounding the handshake are misplaced.
“I
think Orengo is frustrated with the Judiciary for its reluctance to
enforce its own orders rather than the handshake itself,” a close ally
of Mr Odinga based at his Capitol Hill office said.
“I
have heard the grumbling but they should know that Miguna is his own
worst enemy, the handshake is well-intentioned,” a second-term MP from
the former South Nyanza, who sought anonymity, said.
But
a leading figure in the Orange party accused his colleagues who still
support the handshake of being blinded by fringe benefits coming their
way as a result of the cooperation.
“We should not bury
the ideals we believe in for the allure and luxury that comes with
supporting the regime, what if it stinks?” the official wondered.
Uncharacteristic of him, Mr Odinga declined to speak about the recent developments in the political arena.
His spokesman Denis Onyango was also not available for comment.
Additional reporting by Peter Leftie
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