Operation Linda Jamii moves to High Court challenging President William Ruto’s utterances over the sugar barons
Prof Fred Ogola lead team also threatens to seek President’s removal from office should he don’t publicly apologise and withdraw the remarks
Ruto threatened Kabras Sugar owner Jaswant Rai and his brother Sarbit Rai to withdraw cases against the control of Mumias sugar company or prepare to go to Heaven
A lobby group has demanded President William Ruto’s public apology and withdrawal of the remarks he made towards the sugar investors in the country, failure to which, they shall submit a petition to parliament, seeking his impeachment from office
In a petition seen by safinews.co.ke on Tuesday 5th September, Operation Linda Jamii has termed Ruto’s utterances as a threat to independence of Judiciary, a threat to freedom of accessing the bar, a threat to independence of accessing justice and an avenue for creating bad precedence
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Ruto’s uncharacteristic castigation of what he terms as cartels in the country, breathing fire of what he intends to do should the Rai brothers [Jaswant Singh Rai and Sarbit Rai] don’t withdraw the cases against Mumias Sugar Company, has been receiving criticism from all walks of life
OLJ, led by Prof Fred Ogola, has now submitted a petition to High Court challenging President William Ruto’s utterances as violations of the constitution and principles rule of law and other provisions of the law
“This petition is about the utterances made by the President of Kenya, not only death threats but also undermines the principles of the rule of law and separation of powers doctrines and the systems of checks and balances contemplated in the constitution,” Ogola Stated in his submission
The move by, Operation Linda Jamii, sets clear record of the separation of powers, that executive should not be allowed to intimidate the judiciary
“President’s remarks are violations of the constitution and the oath of office of the President he took while assuming office to obey, protect, preserve and defend the constitution and the laws of the Republic of Kenya.
The President’s utterances if not retracted and an official unconditional apology proffered from the President, will create a perception in Kenya that undermines Judicial independence by dint being the custodian of justice and due process of Kenya- and will see the rule of law being disrespected without a recourse
Ruto ordered Rai brothers to leave the country, prepare to go to jail or withdraw the cases they had filed against the control of the management of Mumias Sugar Company or prepare to go to Heaven
The petitioner argued that the unfortunate remarks made by the President of Kenya border on cold hearted death threats by the person who should be the symbol of national unity
Rai brothers withdraw the cases against Mumias Sugar Company
Subsequently, Mr Rai withdrew the three cases stating that he felt his life was threatened with death-meaning that he felt his rights violated
In the letter of withdrawal, Mr Rai stated that he withdrew the cases because he felt being threatened with death, meaning that his rights were violated and the President’s words cannot be taken as mere words
“Therefore the withdrawal of the cases at the Court of Appeal cast a doubt as to the functionality of the principles of due process in Kenya which requires that legal matters be resolved according to the established rules and principles and the fair treatment of the individual before the adjudication bodies,” Prof Fred Ogola Stated in their petition