Cord MPs accuse Judiciary of bias as judge seeks action on Wetang’ula

Ford Kenya party leader Moses Wetangula and party supporters leave after addressing Journalists in Nakuru on October 5, 2013 where they criticised the court's decision in nullifying Wetangula's election as Bungoma Senator. Cord MPs have alleged that the Judiciary is being manipulated to frustrate the former Bungoma senator Moses Wetang’ula. PHOTO|FILE.

What you need to know:

  • Senate Deputy Minority Leader Hassan Abdirahman Ali, claimed the direction Mr Wetang’ula’s case had taken was “bigger and more sinister than a petition loss.”
  • Kisumu West MP Olago Aluoch said the judge’s letter to the DPP was irregular.
  • Cord alleges Mr Wetang’ula’s tribulations are a result of the judge’s decisions and are intended to frustrate him.

Cord MPs have alleged that the Judiciary is being manipulated to frustrate former Bungoma senator Moses Wetang’ula, whose election was nullified on September 30.

The leaders, among them Senate Deputy Minority Leader Hassan Abdirahman Ali, claimed the direction Mr Wetang’ula’s case had taken was “bigger and more sinister than a petition loss.”

They were reacting to reports that Mr Justice Francis Gikonyo had written to the Director of Public Prosecutions (DPP) notifying him that Mr Wetang’ula was found to have committed the offences of “treating of voters and bribery.”

“It was a surprise to see the judge who handled this particular case issue further direction after the main judgment.

It is very clear in the minds of many Kenyans that there is much more than meets the eye in this matter,” said Mr Ali, who is the Wajir senator.

Reading a statement by the coalition, Dr Eseli Simiyu (Tongaren, Ford Kenya) said it was “surprising” that the judge didn’t recommend the prosecution of those who took bribes, election officials who committed offences and those who were reported to have voted twice.

“We have thoroughly studied that judgment. At no place does the judge recommend that the DPP should institute prosecution,” said Dr Simiyu.

“His action to purport to do the same through a letter to the DPP is, therefore, an afterthought,” he said.

Kisumu West MP Olago Aluoch said the judge’s letter to the DPP was irregular.

“If anything is to be done, then that must be encompassed in the judgment itself.

What this means is that the judge made this order after the judgment… ex parte and that is irregular,” he said.

Cord alleges Mr Wetang’ula’s tribulations are a result of the judge’s decisions and are intended to frustrate him.

“We are aware of the intentions of those undemocratic and intolerant forces that have exhibited a lack of respect for the Judiciary to further their political interests,” said Dr Simiyu.

“Kenya has come a long way from those dark days of judicial lynching and we don’t expect those days to be re-enacted.

Those dark forces that manipulated the Judiciary should not be allowed to resurface,” he said.

Mr Chris Wamalwa (Kiminini, Ford Kenya) said the judgment lacked consistency.

“If the Jubilee Government has a hand in this, we are warning them to keep off and let the people of Bungoma choose their own senator,” said Mr Wamalwa.

He said Mr Wetang’ula was being frustrated to ensure Cord MPs “become orphans in Parliament” because the two other principals, Mr Raila Odinga and Mr Kalonzo Musyoka, are not elected officials.

Asked if action would be taken against the judge, Dr Simiyu said they are yet to decide as an appeal notice has been filed.

“We are putting this in the court of the people because if the Judiciary is manipulated, then chances of getting justice there are slim.

So we put it before the court of the people through the Press,” he added.