The Mt Kenya Times 
Azimio La Umoja-OKA party leader Raila Odinga
By: Joseph Mutua Ndonga
Worth Noting:
- This flew in the face of the constitution. Article 37 calls for peaceful demonstrations and protestors be unarmed. The organisers bore the greatest responsibility.
- But in his swift rejoinders, Raila would allege that ‘our demonstrations have always been peaceful and chaos erupts when the police disrupt them.
- This argument does not hold water. We know the key constitutional mandate of the police is to protect lives and property. So, would you expect them to look the other side when the protestors are endangering the lives of fellow Kenyans not participating in the demos and looting and destroying thier properties?
The question of whether the Azimio La Umoja-OKA party leader Raila Odinga should be arrested or not continues to elicit mixed reactions.
While a group of politicians aligned to the Kenya Kwanza government support this move, the churches are opposed and instead are rooting for dialogue and negotiations among the two leaders-President William Ruto and Raila.
The Church rightly avers that when the two bulls fight it is the grass that suffers. We want Raila to cede his handline stance and stop misleading Kenyans by peddling falsehoods.
We have heard him saying that the excercise of collecting signatures is meant to remove President William Ruto from power. The provisions for the removal of the President are very clear. Signature collection is not one of them.
Raila’s demonstrations were also marred by deaths and wanton destruction of property.
The recent protests took a turn for worse. At least 9 people lost thier lives. The Nairobi Expressway was also vandalized and the cost of the damage stood at Sh700 million.
This flew in the face of the constitution. Article 37 calls for peaceful demonstrations and protestors be unarmed. The organisers bore the greatest responsibility.
But in his swift rejoinders, Raila would allege that ‘our demonstrations have always been peaceful and chaos erupts when the police disrupt them.
This argument does not hold water. We know the key constitutional mandate of the police is to protect lives and property. So, would you expect them to look the other side when the protestors are endangering the lives of fellow Kenyans not participating in the demos and looting and destroying thier properties?
In the latest demonstrations, the protestors did not even spare government properties. They burnt national flags and a building housing the office of sub-county commissioner.
Some media reports indicated the mayhem could have been carried out by hired criminals, some who did not hail from these areas.
In Kibra, the anti-riot police thwarted attempts to uproot the railway line. This rekindled the memories of the post-election violence of 2007.
The protestors did that, a move that elicited anger from President Yoweri Museveni of Uganda. A bulky of cargo destined for our country are transported via railway from the Port of Mombasa. Now, we are not receiving the goods because a certain community in Kenya has uprooted the railway. Our people are suffering.
Raila would not bulge. He continued with his campaign of resistance and civil disobedience.
This is until when then President Mwai Kibaki caved in to his pressure.
It is worth to note that Kibaki was being surrounded by hardliners among them John Michuki and Martha Kuria. As a result, he had remained the adamant.
He only agreed to talk with Raila when the International community intervened and brokered a truce through Koffi Annan-led mediation talks.
The National Peace Accord which the two leaders signed provided for the formation of the government of national unity and sharing the state positions on 50-50 basis.
First forward to 2017 polls, Raila played the same card after the losing election. President Uhuru Kenyatta caved in to his pressure and agreed to shake hand with him. This cleared the way for the formation of the ‘handshake’ government.
Today, Raila is playing the same game. Raila seems to have come to the conclusion. President Ruto is a hard nut to crack. This is unlike Kibaki and Uhuru.
Some friends of mine, however, told me the other day.
Raila knows where it hurts most. Ruto can only climb down and invite him for talks if he manages to overrun the economy. So, a total economic sabotage is his endgame.
At this juncture, allow me to say this. If President Ruto stick to his word that he will not share government with Raila, will resorting to arresting him be the best option? Will this help to restore calm and normalcy?
We know Raila remained a thorn in the fresh of even the previous establishments. However these administrations avoided taking such a drastic move.
The only time he was arrested and detained without trial was after the failed military coup of 1982.
At the time, President Daniel Arap Moi had two advantages. First, majority of Kenyans totally opposed his bid to try to overthrow the government.
Secondly, Moi was running the government with the old constitution which granted him sweeping and absolute powers. This includes issuing orders for detention of his opponents without trial. This is the same fate that befell Kenneth Matiba and Charles Rubia.
Today, Kenya is being run by the constitution that was promulgated in 2010. Individual liberties and freedoms stand out as one of its key pillars.
This time, Raila is capitalizing on two issues-the high cost of living and ‘punitive’ taxes. This campaign resonates well with many Kenyans particularly the ‘hustlers’ because he has managed to brainwash them that he means well.
So, this may not be the right time to arrest him. My advice to President Ruto is this. Deal with him politically. Mr President, I know you are a well-schooled leader and politician and you also have a strong team.
So with time, you will change the mind of the citizens and make them see Raila as a person out to ruin their economy for selfish interest.
I also urge you to intensify the campaign of reaching out to Raila’s political bastions and persuading his key pillars to join your camp. So far, you have made great strides.
But part of the strategy should involve invoking the provisions of the law and the constitution.
This is when dealing with Raila’s hardliners and diehard supporters, who were armed, destroying properties and threatening lives of other citizens.
Joseph Mutua Ndonga is a writer and political analyst based in Nairobi
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