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Infamous CJ letter a signal from cabal of old guard?

Saturday February 23 2013

Kenyans were shaken this past week by the revelation from our Chief Justice, Willy Mutunga, of the contents of a letter he received prior to judgment on the case questioning the constitutionality of Uhuru Kenyatta’s presidential bid, given his being charged with crimes against humanity.

The letter was supposedly authored by the Mungiki Veterans Group and the Kenya Sovereignty Defence Fund.

It warned judges involved in the case to “buy [their] own coffins and graves” should they adversely affect Kenyatta’s being able to stand.

It further warned heads of diplomatic missions — particularly those representing the European Union, the UK and the US — that they would “invade white farms.” It advised them to “start packing your bags to leave Kenya by March 2 at the latest,” because, with the ascension of Kenyatta to the presidency, they would be “kicked out” or “slaughtered.” It concluded on the chilling note: “Touch Uhuru and we burn Kenya down.”

The odd thing is that Mungiki is ostensibly disbanded. The section of Mungiki associated with Maina Njenga has moved into formal political parties and is officially part of the Coalition for Reform and Democracy, backing Raila Odinga’s presidential bid.

Moreover, Mungiki “veterans” are not, in the main, behind Kenyatta. Even if they were, they would hardly put in writing that their letter was on the authority of no less than the president. For the letter baldly states that “our father who organised from the big house is still in charge. He has instructed us to protect Uhuru Kenyatta.”

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The letter is thus damning — not just to Kenyatta’s presidential bid but also to his defence at the International Criminal Court. It is equally damning for the presidency.

It is doubtful that Kenyatta’s campaign advisors or those around the presidency are so unintelligent that they would endorse such a letter. If it did not come from Mungiki, where did it come from? What was its true intent?

The Chief Justice recounts being detained at the airport en route to Tanzania by a junior immigration officer. The apparent reason? A circular from the Head of the Public Service Francis Kimemia wrongfully reminding the Immigration Department that civil servants need prior clearance to travel.

But we are not in the 1960s, 1970s or 1980s. Civil servants require no authorisation to travel. Being a civil servant is no longer an excuse for impediments to freedom of movement.

So what was the Head of the Civil Service thinking? Making matters worse was the apology then received by the Chief Justice from the head of the National Security and Intelligence Service. How did NSIS become involved? Why was it apologising for a breach committed by the Head of the Civil Service?

The only conclusion to be drawn is that the intent was to deliberately embarrass and humiliate the Chief Justice.

With the darker and deeper purpose of reminding him how his constitutional and prided independence can and will be compromised should he presume to exercise it beyond ways the civil service and the security services have deemed appropriate.

This, of course, is unacceptable. Neither the Chief Justice, nor the judiciary, nor any of us can or will be held hostage to a tiny cabal that has determined they alone will determine the course of electoral events.

The silver lining is that this tiny cabal has now shown its hand.

L. Muthoni Wanyeki is doing her graduate studies at L’Institut d’etudes politiques (Sciences Po) in Paris, France

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