Mudavadi, South Rift leaders decry intimidation after senators arrested

The dramatic arrest of three senators, allegedly over the revenue -sharing stalemate, is draconian, Amani National Congress (ANC) leader Musalia Mudavadi said on Monday.

Senators Christopher Lang'at (Bomet), Cleophas Malala (Kakamega, deputy minority leader) and Steve Lelegwe (Samburu) were separately arrested in Nairobi and Kajiado counties on Monday but the reasons remained unclear.

The three are opposed to the government-backed revenue-sharing formula, which if passed will cause 19 counties to get less money compared to shares received in 2019/2020.

Mr Mudavadi said their arrests violated Parliament’s independence and integrity and were tantamount to the Executive placing it under attack.

"The arrests, ostensibly to prevent them from attending to their duty in Parliament, to vote for or against motions on county revenue-sharing, is very unfortunate. It is a throwback to dark days we thought were behind us," he said.

Mr Mudavadi noted that senators are the people’s delegates and that decision-making in Parliament is achieved through persuasion and debate.

“The sovereign power of the people is exercised through the senators as set out under Article One of the Constitution of Kenya,” he said.

"Arresting senators to stop them from a vote in the Senate is equal to arresting Article One, the sovereign and ultimate foundation of our Constitution.”

He also accused the Jubilee government of misusing law and enforcement agencies by "politicising the police".

Intimidation tactics

Separately, a group of parliamentarians in the South Rift cried foul, saying lawmakers were being intimidated.

Florence Bore (Kericho Woman Representative), Brighton Yegon (Konoin), Ronald Tonui (Bomet Central), Beatrice Kones (Bomet East) and Japheth Mutai (Bureti) and Josphat Kirui (Bomet majority leader) termed the arrests the highest level of intimidation against elected leaders.

“This is an affront on democracy so Kenyans from all walks of life have to stand up for the truth. We cannot afford to go back to the dark old days of arrests and incarceration without prosecution,” said Mr Yegon.

The senators were driven to different police stations after the arrests and were expected to record statements but the reasons for their arrests remained unclear.

Ms Bore said, “Is it a mere coincidence that the three senators have been arrested as the house faces a stand-off over revenue allocation? Is the siege against them justified in a democratic country?”

Mr Mutai said, “It has become increasingly clear that the government is keen on rolling back democratic gains under the new Constitution, using police to silence those perceived to be critics of the system.”

The leaders said MPs should not waver in their push to instill democratic ideals in the society and retain the independence of the legislature.

Mr Kirui said, “President [Uhuru] Kenyatta has to live up to his oath of office to protect the Constitution and the laws of the country. The country is unfortunately sliding back to the dark days of the late 80s and early 90s when the Kanu regime locked up its critics.”