What security CHIEFS, told RAILA...
The lawyers told him the rallies were inappropriate given the warning on Wednesday by Chief Justice Willy Mutunga against public discussions of petitions filed in the Supreme Court challenging Mr Uhuru Kenyatta’s win.
Prime Minister also met Mr Gichangi and Mr Kimaiyo who asked him to call off the rallies on security grounds. He was reportedly told his rallies could fan emotions among his supporters, a fact that could undermine peace.
The PM met the security chiefs in his office at BP Shell Building on Wednesday afternoon. This was after his legal team had briefed him on the directive by Dr Mutunga, who is also the President of Supreme Court.
The legal team advised Raila to call off the rallies, arguing there was no way he was going to address his supporters without touching on his two petitions and the outcome of the March 4 presidential election, which he is on record dismissing as electoral fraud against him. Raila was the Coalition for Reforms and Democracy (CORD) presidential candidate.
Kimaiyo confirmed they reached out to the PM saying: “We were trying to reach the CORD leaders directly and diplomatically to implore them to drop the planned rallies for a while.”
TRIGGER VIOLENCE
After meeting the PM, Gichangi and Kimaiyo attended the country’s top security organ — National Security Advisory Committee (NSAC) meeting. NSAC sitting that late in the evening urged Raila and his running mate in March 4 race, Vice-President Kalonzo Musyoka, to suspend their rallies saying they could trigger violence.
The committee, which is chaired by Head of Civil Service, Francis Kimemia, also declared it would not allow the meetings to continue as planned. Other Members of the committee are Permanent Secretaries Mutea Iringo (Internal security), Thuita Mwangi (Foreign), Nancy Kirui (Defence), and Attorney General Githu Muigai. Apart from Gichangi, and Kimaiyo, the two Deputy Inspector Generals of Police – Grace Kaindi and Samuel Arachi – also sit in it.
NSAC urged Raila to let the judges of the Supreme Court to arbitrate on the petition protesting the results of the presidential election.
“The court process should be left to the judges. Any attempts to disrupt, discredit or intimidate the courts, IEBC or other institutions of the State would not be tolerated,” the National Security Council warned.
CORD lawyers, who included former Attorney General Amos Wako and Senior counsel Mutula Kilonzo and James Orengo, advised Raila and Kalonzo to call off the rallies.
On Thursday, Mutula confirmed to The Standard they advised the PM to heed the CJ’s directive. “My colleagues Amos Wako, James Orengo and I advised the PM on the need to comply with the court directive because there is no way we can meet a crowd and fail to talk about the matter,” he said.
The Makueni Senator-elect assured CORD supporters there was no cause for alarm because even the period for the hearing of the petition was short and hearing would conclude fast.
“There is no reason to worry because we shall be back,” was Mutula’s parting shot.
On Wednesday Mutunga said the Supreme Court had taken charge of the petitions and the merits or demerits of the suit could only be canvassed in court. He directed lawyers to advise their clients on the dangers of discussing the case outside the courtroom.
Prior to the CJ’s directive, the PM had maintained a hardline stand, saying he would not stop speaking about the petition. But he said he would avoid talking about the contents of the case.
“Prime Minister Raila Odinga has not planned any rallies in any part of the country in the coming days, including this weekend. The idea of such rallies had been discussed, but was dropped on Thursday after consultations,” Raila’s spokesman Dennis Onyango later said in a statement.
UNDO GAINS
Mr Onyango explained Raila and CORD leadership agreed to suspend all political activity for the duration of the hearing of the petitions.
Raila, Kalonzo, and Bungoma Senator-elect Moses Wetangula had planned to be in Kakamega tomorrow before heading to Kisumu and Nakuru on Sunday.
Kimemia said the directive affected all other political parties that plan similar rallies. He said the parties’ code of conduct signed with IEBC still stands. He later explained the Wednesday security meeting was convened to deliberate on Raila’s recent claims he had won the presidential election.
Mr Kimemia said the meeting upheld a directive by Kimaiyo that banned mass action, demonstrations, and political gatherings.
“Such meetings could undo gains made from the peaceful conduct of elections, which demonstrated to the world that Kenya’s democracy had matured and investors were already releasing investment capital,” said Kimemia.
The committee also directed police to disperse crowds that usually gather near Supreme Court terming them illegal.
But the move can be legally challenged because the Constitution allows freedom of speech and assembly. Such freedom should, however, be enjoyed in a way that does not affect another party.
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