Stop Dragging The Name Of Gachagua In The Petition Challenging The Constitutionality Of The Bipartisan Talk Team
The Mt Kenya Times 
Deputy President Rigathi Gachagua
By: Joseph Mutua Ndonga
Worth Noting:
- The issues being raised show that the country was heading into a national referendum.
- For other issues, the committee had no legal mandate to handle them. One of them is the audit of the presidential elections. Those pushing this were required to file a petition at the Supreme Court of Kenya. The audit will be done if their prayer is granted.
- So, in addition to capturing issues touching on the remunerations of members of the Committee, technical teams and secretariat, one would have expected the legal framework to spell out timelines and cost implications.
- In light of this, my considered view is that the three petitioners have a strong case.
Three Kenyans have filed a petition in court seeking to challenge the constitutionality of the National Dialogue Committee.
They aver that the 10-member team which is sitting at the Bomas of Kenya and it is currently receiving the public views had been operating outside the law and constitution.
This is because there was no legal framework to guide the process and indeed this was a glaring omission.
The ultimate goal of this team was to come up with far-reaching recommendations aimed at altering the core structures of our constitution and other laws of the land.
This can only happen if a clear framework is put in place outlining a raft of measures. This includes undertaking this process in an inclusive and participatory manner.
The issues being raised show that the country was heading into a national referendum.
For other issues, the committee had no legal mandate to handle them. One of them is the audit of the presidential elections. Those pushing this were required to file a petition at the Supreme Court of Kenya. The audit will be done if their prayer is granted.
So, in addition to capturing issues touching on the remunerations of members of the Committee, technical teams and secretariat, one would have expected the legal framework to spell out timelines and cost implications.
In light of this, my considered view is that the three petitioners have a strong case.
This brings me to the question. Who slept on the job?
I believe it is National Assembly and Senate.
The two houses rushed to approve the motion seeking to establish the dialogue committee without doing a proper legal research.
Going by past experiences, one would have expected the members to handle this matter with utmost care.
The story of Building Bridges Initiative (BBI) is still fresh in our mind. Billions of shillings were gobbled up. The initiative was a brainchild of the ‘handshake’ government led by then President Uhuru Kenyatta and his partner Raila Odinga.
If the petitioners will have their way, the blame will lay squarely with members of parliament in both sides of political divide.
The big question the citizens would ask is. Were members of Azimio La Umoja One Kenya Coalition and Kenya Kwanza playing costly games with us?
What was the point of approving a motion to establish a team to undertake a process that was not anchored in law?
As we know, the members of the bipartisan team have so far pocketed millions of shillings in hefty sitting allowances and per diem.
If the talks are suspended until when the proper legal mechanisms are put in place, this would be a big blow to Kenyan tax-payers.
President William Ruto has repeatedly been calling on MPs to safeguard and protect public resources and ensure they were spent prudently.
The people of Kenya elected you because they believed in your ability to ensure the resources are used to improve their living standards.
The president has been reminding them that one of their cardinal duty is to follow the law to the letter and spirit.
So if court suspends the talks, this will not go down well with the President.
Well after the filling of the petition, the critics of Deputy President Rigathi Gachagua did not wait for the dust to settle.
Led by former Defense Minister Eugene Wamalwa, a key pillar of Azimio La Umoja One Kenya Coalition and one of the members representing Azimio at the Bomas talks, he lashed out at DP.
We know some members of ruling elite were opposed to these talks.
We believe they are the ones who have sponsored the three petitioners.
One of the papers quoted him mentioning DP Gachagua as one of them.
As a writer and analyst, allow me to say this. I’m sure he had no iota of truth. I challenge him to prove me wrong.
The three Kenyans were of sound mind and their decision was within the law. So how did Eugene know they were proxies?
It was wrong to portray them as clueless people who did not know what they were doing.
Eugene’s remarks would amount to making derogatory comments against them. So, they have a right to sue him.
As a diehard supporter of Azimio leader Raila Odinga, Eugene is one of fierce critics of Deputy President Rigathi Gachagua.
By dragging the name of DP in the petition, this was a continuation of his political onslaught against Gachagua.
Yes, it is true that the DP has been questioning the legality of some of demands raised by the Azimio.
Kenya is a democratic country and governed by the rule of law.
As a Kenyan, he is therefore free to speak out his mind.
And he is not alone on this. We have heard other Kenyans raising similar concerns. It does not necessary mean what they say will see the light of the day. The judiciary will have the final word.
Raila and Azimio brigade view Gachagua as posing the biggest threat to their bid to join the Ruto government through the back door.
Gachagua has remained focussed and consistent.
The stipulations of the Kenya constitution were very clear. The government is formed by those who had won the elections.
On August 9, 2022, Kenyans woke up very early in morning to excercise their democratic and constitutional rights.
They elected Dr William Ruto as the President and myself as the Deputy President. This is the truth. Azimio have no option other than to accept it however bitter it is.
The role of those we defeated is very clear. It is to lead the opposition and put the government of President Ruto in checks and balances.
You are supposed to play this role by engaging us in a structured and constructive dialogue.
The President has repeatedly stated. You are free to criticize his government from morning to evening. He will pick and address the positive criticisms.
Joseph Mutua Ndonga is a writer and political analyst based in Nairobi
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