A
fresh petition challenging the integrity of Deputy Prime Minister Uhuru
Kenyatta and Eldoret North MP William Ruto has been certified as urgent.
Justice
David Majanja on Monday ruled that the petition by the International Centre for
Peace and Conflict (ICPC) raised weighty constitutional issues which need to be
determined urgently.
He
directed the lobby group to serve Mr Kenyatta, Mr Ruto, the Attorney General
and the Independent Electoral and Boundaries Commission with the application
before it is mentioned on Wednesday for further directions.
This
is the second time a petition questioning the integrity of Mr Kenyatta and Mr
Ruto has been lodged.
In
the new development, the ICPC, through lawyer Eliud Senteu, submitted that the
petition is of great public interest and should be heard on a priority basis
given that the two have entered into a coalition to run for the presidency and
deputy presidency.
“Mr
Kenyatta and Mr Ruto have been committed to trial at the International Criminal
Court and there are all indication they will run for state offices therefore
the issue of integrity as outlined in Chapter Six of the constitution need to
be determined before nominations of candidates,” said Mr Senteu.
Apart
from Mr Kenyatta and Mr Ruto, the ICPC also wants the electoral commission
barred from accepting the candidature of any person seeking to be president,
governor, senator or MP if such a person is subject to a criminal case whose
sentence is at least six months.
They
want a court declaration that the candidature of Mr Kenyatta and Mr Ruto is a
threat to the constitution and a perpetuation of a culture of impunity.
ICPC
argued that according to the constitution, a leader is contemplated to be
someone who carries dignity, legitimacy and has the people’s trust and
confidence.
“A
person committed to trial at the Hague would not be able to discharge his
duties since he would be required to attend the hearings which would seriously
erode the honour and integrity required of any public officer,” said the lobby
in their application.
They
submitted that electing any person committed to trial will bring dishonour to
the office and seriously affect the person’s ability to discharge his duties.
They
added that the trial of Mr Kenyatta and Mr Ruto at the Hague court may lead to
issuance of warrants of arrests and erode the country’s sovereignty and cause
embarrassment.
The
group is seeking an interpretation of whether the presumption of innocence of a
person committed to trial overrides the public interest of ensuring the
protection of the values of the Constitution.
“We
also want a determination of whether Mr Kenyatta and Mr Ruto or any other
person charged on similar crimes can hold a public office and whether that
would be a recipe for anarchy and perpetuate the culture of impunity,” said the
lobby group.
The
ICPC wants the court to find Mr Kenyatta and Mr Ruto unfit to contest the
presidency, the deputy presidency or any other position due to their cases at
the ICC.
Last
week, civil activists Charles Omanga and Patrick Njuguna withdrew their
petition against the duo and promised to lodge a fresh one that will encompass
all the presidential aspirants.
Mr
Kenyatta and Mr Ruto are facing charges of crimes against humanity arising from
2008 post-election violence which left over 1,000 people dead and over 650,000
displaced from their homes. They are due to stand trial at the ICC from April
2013.
