Cohesion team investigating Raila and governor, says Kaparo

Cord leader Raila Odinga is among prominent politicians being investigated for incitement, the National Cohesion and Integration Commission Chairman, Mr Francis Kaparo, said on Monday.

Mr Kaparo said the commission will not be intimidated by politicians, regardless of rank and warned that stern action will be taken against them irrespective of their status if they incite Kenyans.

Mr Kaparo was responding to a question after presenting certificates to 35 peace committee members from Marsabit County. The ceremony took place at the Sportsman Arms Hotel in Nanyuki.

Also facing investigation is Uasin Gishu Governor Jackson Mandago, who had earlier accused the commission of selective investigations after it summoned him over his opposition to the appointment of Prof Laban Ayiro to take over as acting Moi University Vice Chancellor.

Mr Mandago had asked why the commission had not taken action against Mr Odinga, yet it was summoning leaders from other political parties.

“Whether Raila has a case to answer or not, each will carry his cross,” Mr Kaparo said of the two politicians. “Both of them are under investigation and once we have enough evidence we will take the necessary action.”

CAUSE CHAOS

Mr Kaparo said no one has a right to utter words that can cause chaos just because another did.

He said his team will not be intimidated by threats from any quarters as it executes its mandate and any inciter will be dealt with according to the law.

Reacting to the comments, Mr Odinga’s lawyer, Mr Paul Mwangi, told the Nation on phone that neither he nor Mr Odinga were aware that NCIC was opening any investigations against Mr Odinga.

He however said that they were aware that Kabete MP Ferdinard Waititu had said that Mr Odinga should be investigated for incitement. He wondered whether Mr Kaparo was now taking orders from politicians.

“We consider this is a politically-motivated report and was uttered on a political platform,” Mr Mwangi said.

He added that Mr Odinga has never uttered any words to incite Kenyans and termed the reports that he was being investigated as “absolute balderdash”.

Although the National Cohesion and Integration Commission has in the past recommended the prosecution of various leaders for hate speech and incitement, none has been convicted yet.

On Monday, Mr Kaparo said his team will hold a meeting in Mombasa on Friday and Saturday during which the question of how to apply Chapter Six of the Constitution will be applied. Chapter Six gives guidelines on the principles of ethics and good leadership.

It also stipulates how State officers, who are either elected or appointed, ought to conduct themselves in public and in private. Under the section, a leader is expected to among other things show respect for the people and bring honour and dignity to his office.

PREVENT POLITICAL VIOLENCE

He is also expected to discharge his duties and exercise his responsibilities in a manner consistent with the Constitution.

“We’re focusing critically on Chapter Six of the Constitution and whether it actually says those who do not comply should not run for leadership position. We’ll know their fate after the Mombasa meeting,” he said.

The section does not bar anyone from running for office except on the basis of citizenship. However, it requires Parliament to pass laws to provide for penalties for those who breach its provisions.

This week’s meeting will discuss the provisions of the Constitution and their effectiveness in preventing political violence and adherence to the rule of law during elections.

Mr Kaparo said the meting will be part of early preparations for the polls adding that Kenyan has a responsibility to prevent chaos and promoting peace.

In December last year, Mr Odinga was summoned by the Ethics and Anti-Corruption Commission to record a statement over his claims that money raised through the Eurobond had been stolen. EACC detectives sent to serve him at his Capitol Hill office, were, however, briefly detained by supporters.

Mr Odinga later sent his lawyers to EACC with a statement.

Last month, he said communities from parts of Rift Valley should take up spears and clubs to eject electoral officials from their offices in Nairobi if they fail to resign. He later said that these were symbols of culture and peace.

The commission has indicated that 33 counties are at a risk of experiencing high levels of political conflict in the run-up to the August 2017 General Election.

But he said: “All mechanisms have been put in place to prevent political violence in the country. Politicians should be warned that we shall get them and haul them to court.”