Graft and hate speech a danger to Kenya ahead of 2017, says Mutunga

Corruption and incitement are the biggest threats to Kenyans ahead of the 2017 General Election, Chief Justice Willy Mutunga said Friday.

Politicians who are beating drums of war ahead of the polls should be tamed, he said during the launch of a democracy and justice campaign programme in Nairobi.

“As we head towards elections, the drums of possible violence are being beaten ... and if you haven’t heard them, then you don’t know anything about this country,” he said.

He warned that the incitement on ethnic lines could explode into violence during the polls.
And he added that corruption and public finance management are issues that require a “strong mental shift” by leaders for Kenyans to benefit from the Constitution.

“Only a strong social movement will save us from this precipice,” he added.

Devolution was the best way for Kenya to develop, as long as national leaders remain accountable to public resources.

“The main challenge is how the resources will be equitably shared between the national and county governments. For this to happen, serious mental shift in the national government, Parliament and particularly the Treasury must take place,” he argued.

“I do not see any realisation on the part of the public service that will own public resources in trust for its owners; the Kenyan citizens. The civil society must help in facilitating those critical mental shifts.”

“If you can convince the Treasury that the money they keep belongs to us, and not them, you would have succeeded in helping this country.”

EUROBOND CONTROVERSY

Dr Mutunga’s apparent jibe at the Treasury comes amid claims that Sh250 billion raised at the Eurobond has not been properly accounted for.

The money, raised to finance infrastructure projects has been hit by controversy with the Controller of Budget, who is the custodian of all public funds, saying it was deposited in an offshore account and spend without her authority which is unconstitutional.

Treasury Cabinet Secretary Henry Rotich has said part of the money (Sh53 billion) was used to repay a loan while Sh196 billion was shared out to various ministries for infrastructure projects.

The corruption-plagued Devolution ministry, which received Sh44 billion, has failed to identify any specific project the cash was spent on.

Opposition leader Raila Odinga has claimed the money was traded in by senior officials in the Jubilee government who pocketed the interest.

Dr Mutunga called on the civil society and the media to increase pressure on those who have started engaging in hate speech as a deterrence.

“The civil society groups brought together on this programme should constitute themselves into a social a movement and become a beacon for other movements that are under a united, democratic, peaceful and progressive country.

The view was echoed by the grouping of protestant churches who said the government must do more to discourage hate speech both on social media and in public rallies.

“Kenya remains divided along ethnic lines. One of the factors causing the strong ethnic identity situation is that tribes are used as channels to acquire resources; political mobilisation and address problems. One’s ethnicity opens doors, and also closes some,” Canon Rev Peter Karanja, General Secretary of the National Council of Churches of Kenya (NCCK) told the gathering.

“As the country prepares for General Election in 2017, there must be convincing engagement on national values dialogue and work very seriously to enhance cohesion,” he added.

ACCESS TO JUSTICE
On Friday, the Swedish Embassy in Nairobi launched a Sh525-million programme to last two years and which will focus on democracy, human rights and access to justice.

Known as the Democracy and Human Rights Programme, the project will be implemented by Swedish missionary group Diakonia but 11 Kenyan civil society and religious groups, including NCCK, will receive funding to educate the public on their rights, access to justice and the need for accountable leaders.

“We are launching this programme because commitment to democracy, human rights and justice are the cornerstone of Swedish foreign policy, Swedish Ambassador Johan Borgstam told the audience.

The programme is being launched at a time when a number of politicians have been accused of making inflammatory remarks meant to incite Kenyans.

Political analyst Mutahi Ngunyi, senators Johnson Muthama (Machakos), Isaac Melly (Uasin Gishu) and Ali Bulle (Tana River), and Gatundu South MP Moses Kuria have recently been in soup over alleged hate speech and incitement to violence.

Mr Ngunyi was charged with ethnic contempt over comments he reportedly wrote on Twitter about the Luo community.

POLITICALLY MOTIVATED

He denied the charges and was released on a Sh200, 000 cash bail or a Sh500, 000 bond with one surety of a similar amount.

Last week, former Nairobi Mayor and ODM Nairobi chairman George Aladwa was arrested for allegedly stating that some must people will die if Cord leader Raila Odinga were to be president in 2017.

The comments were deemed hate speech although Mr Aladwa and his party have contested the labelling.

Mr Muthama on his part argues the charges are politically motivated.

He too, was released the on a Sh100, 000 cash bail pending a hearing on February 16, 2016.