President William Ruto has been sued over his viral ‘mambo ni matatu’ warning targeted at alleged corrupt state officials and businessmen with interests in the Kenyan sugar industry.
In a petition filed before Milimani High Court, Operation Linda Jamii is seeking orders compelling the Head of State to formally withdraw and apologise for the utterances made during his tour in the Western region last week.
During the tour, the President told the tycoons he accused of frustrating efforts to revive the sugar subsector that they had three options – leave the country, go to jail or go to heaven.
“The Attorney General herein to advise the President of the Republic of Kenya and/or the Presidency to proffer an unconditional public apology to the people of Kenya for the unfortunate utterances made during the tour of Kenya’s sugar belt, ” the lobby group says in court papers.
“Failure of the President/Presidency to issue a public unconditional apology to Kenyans, the Honourable court be pleased to direct Parliament to commence impeachment proceedings against the President for violating the Constitution.”
The lobby through its chairperson Prof. Fred Ogola argued that Ruto’s remarks on how he intends to deal with those he described as sugar cartels border on cold-hearted death threats by the President who is supposed to be a symbol of national unity.
“The President’s comments if not retracted and an official unconditional apology proffered, will create a perception in Kenya that undermines judicial independence and will also see the rule of law disrespected without a recourse,” Ogola stated in court papers.
While acknowledging that issues bedevilling the sugar sector required immediate intervention from relevant powers, Operation Linda Jamii chairperson states that the direction that the Head of state took was a dangerous and populist way to address the concerns.
According to Ogola, the Mambo ni Matatu remarks not only amount to death threats but also undermine the principles of the rule of law.
He also holds that the remark undermines the separation of powers doctrine and the checks and balances systems enshrined in the Constitution.
“The Petitioner avers that to the extent that the President’s utterances are to the effect that persons/individuals he terms as sugar barons should withdraw cases they have filed in court against Mumias Sugar Company or go to jail, the President’s utterances are in violation of the principles of separation of powers since sentencing is a judicial function and not and not an executive function,” Ogola says.
The lobby group now want the court to issue a declaration that the President’s utterances are in violation of the constitutional principle of rule of law contrary to Articles 10(2) (a) & 131(2) (a) of the Constitution.
“The Honourable Court be pleased to issue a declaration that the utterances of the President undermine judicial authority contrary to Articles 48, 50(1) & 159 of the Constitution of Kenya,” the lobby group seeks.
In the petition, the group highlighted the decision by billionaire industrialist Jaswant Rai to withdraw a case challenging the leasing of the Mumias Sugar Company at the Appellate Court casting doubts as to whether the move was voluntary or triggered by the threats.
The lobby group also questioned the efficacy of the justice system, which mandates the resolution of legal matters in accordance with established rules and principles.
Mumias Sugar Company was placed under receivership in September 2019 over unpaid loans.
