Former Nairobi governor Mike Sonko and a Kenyan bishop based in the United States last year unsuccessfully tried to broker a ceasefire between President Uhuru Kenyatta and his estranged deputy William Ruto.
Mr Sonko and Bishop Donald Kisaka Mwawasi filed a petition in November seeking court orders to compel Attorney-General Paul Kihara Kariuki to initiate a mediation process between the two top leaders.
The petition is still pending at the Constitutional and Human Rights Division of the High Court in Milimani.
They had proposed that “a retired African statesman, retired Supreme Court Judge or Court of Appeal from East Africa or a retired cardinal of Catholic Church of East Africa be the assigned mediator”.
Through lawyer John Khaminwa, they said the AG had failed to safeguard and act in the best interest of the public.
“The AG’s failure to take measures to initiate, encourage or advise the government on the need for reconciliatory and mediation measures is in violation of Article 156 of the Constitution to safeguard the public interest,” state the court papers.
Bishop Donald Kisaka Mwawasi.
Photo credit: Pool
The petitioners said that they were aggrieved by the state of relations between the President and his deputy. “It is not in doubt that the President is not working harmoniously since the public declaration by the deputy to rise to the presidency in the 2022 General Election,” they argued.
It further indicated that as a result of the differences, Dr Ruto had been missing in key government meetings, including the bilateral session between Kenya and Estonia at State House, where President Kenyatta was joined by Cabinet secretaries.
They observed that the President appointed Interior Cabinet Secretary Fred Matiang’i to chair a committee composed of all CSs to coordinate government programmes contrary to the role enshrined in the Constitution allocated to the Deputy President.
“... this is dangerous for the prevailing peace and tranquillity in the country and cannot be taken lightly,” said Dr Khaminwa.
He said the petition had been informed by failed attempts to reconcile the two. He said the previous attempts, which did not yield any results, were initiated by Cardinal (rtd) John Njue and other clergymen in April 2020.
“Other attempts to mediate or address the issues between the President and his deputy have been tackled by the National Cohesion and Integration Commission, a State body mandated to promote national unity, previously warned that continuing with the ‘hustler vs dynasties’ line risked deepening class divisions and plunging the country into chaos,” said Dr Khaminwa.
He said the March 9, 2018 ‘handshake’ between President Kenyatta and former Prime Minister Raila Odinga propelled the dispute to severity, with the Head of State asking Dr Ruto to relinquish the position of Jubilee deputy party leader.
Dr Khaminwa said it’s the responsibility of the AG to ensure Article 156(6) of the Constitution is implemented to actualise the provision which states that “the AG shall promote, protect and uphold the rule of law and defend the public interest”.
He added that the political differences between Mr Kenyatta and Dr Ruto and the failed reconciliations have the potential to create anxiety and ignite political violence, if not addressed.
To convince the court to grant the orders sought, the petitioners are relying on the decision relating to the 2017 mediation between Gambian President Adama Barrow and his predecessor Yahya Jammeh.
The appointed mediator by the Gambia AG and the Economic Community of West African States was Sierra Leonean leader Ernest Bai Koroma.
