Kilonzo takes on Nyachae over Uhuru, Ruto candidature

Justice minister Mutula Kilonzo on Tuesday insisted that presidential aspirants Uhuru Kenyatta and William Ruto were locked out of the next elections, contradicting a commission under his ministry.

Mr Kilonzo, whose docket includes constitutional affairs and elections, said that the confirmation of the ICC charges automatically barred the two from the upcoming polls.

However, Mr Charles Nyachae, who chairs the Commission on the Implementation of the Constitution (CIC) has said that so far, no known Kenyan or international law bars them from the election. (READ: Kenya courts to decide whether accused can vie for top seat)

“If any of the accused are selfish enough to insist on being on the ballot, someone will go to the Supreme Court to seek a ruling on the matter,” said Mr Kilonzo.

The minister said a Ruto or Kenyatta candidature will be against the spirit and letter of Chapter Six of the Constitution that revolves around leadership and integrity.

Mr Nyachae and lawyers supporting Mr Kenyatta’s position argue that Article 99 of the Constitution which sets out conditions under which a candidate can be disqualified does not bar the suspects.

Nyachae’s failure

But Mr Kilonzo says provisions of Article 99 which falls in Chapter Eight are suspended until after the results of the elections, the first under this Constitution, are announced.

Only the provisions touching on the elections of MPs and Senate will apply.

“The biggest failure for Mr Nyachae is to tell the country that Article 99 which is suspended is in force. It will only be operational during the 2017 elections,” he said on Tuesday.

“I feel a sense of betrayal and loneliness when the people who should know better are not telling the country that Chapter Six is in force,” added the Senior Counsel.

Article 73 of the Chapter spells out the expectations on holders of public office—including the President.

It says that authority assigned to a State officer is a public trust to be exercised in a manner that demonstrates respect for the people, brings honour to the nation and dignity to the office.

According to Mr Kilonzo, it would not augur well for the integrity of the country for persons being tried for gross international crimes to be allowed to seek top leadership positions.

The Rome Statute also demands that the suspects attend the trials in person.

“How would victims and witnesses feel testifying against a head of State? Such things do not happen anywhere in the world,” said the minister.