Mike Sonko wants AG compelled to reconcile Uhuru and Ruto

Former Nairobi Governor Mike Mbuvi Sonko and an American-based bishop want a court to compel Attorney-General Paul Kihara Kariuki to initiate reconciliation talks between President Uhuru Kenyatta and his deputy William Ruto.

Mr Sonko and Bishop Donald Kisaka Mwawasi have petitioned the court to force the AG mend Mr Kenyatta and Dr Ruto’s broken relations ahead of the General Election next year.

The two say “a retired African statesman, retired Supreme Court, or Court of Appeal judge from East Africa or a retired cardinal of the Catholic Church should be assigned the mediation.

In the petition filed by city lawyer John Khaminwa, Mr Sonko and the Atlanta-based preacher say Mr Kariuki has failed to safeguard and act in the best interest of the public.

“The failure by the AG 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,” the court papers read.

Bilateral session

The petitioners add that they are aggrieved by the current state of affairs between the President and his deputy.

“President Kenyatta and the Deputy President are not working harmoniously since the latter publicly declared intentions to contest the presidency in 2022,” Mr Sonko and Bishop Mwawasi say.

The petition adds that as a result of the differences, Dr Ruto has been missing in key government meetings, including the recent bilateral session between Kenya and Estonia at State House, Nairobi where President Kenyatta was joined by Cabinet secretaries.

According to the petitioners, the appointment of Interior Cabinet Secretary Fred Matiang’i to chair a committee, comprising all ministers, to coordinate government programmes could be the cause of the sour relations.

They say the appointment is contrary to what is in the Constitution on the roles of the DP.

“The petitioners seek to draw attention to the duties of the Deputy President as enshrined in Article 147 of the Constitution and seek to have the Attorney General investigate the matter,” they say, adding that what is happening is a danger to the prevailing peace and tranquility in the Kenya “and should not be taken lightly”.

Mr Sonko and Bishop Mwawasi say the petition has been informed by failed attempts to reconcile Mr Kenyatta and Dr Ruto.

They say one of the reconciliation attempts was initiated by Cardinal John Njue (retired) and other religious leaders in April 2020.

“Other attempts to mediate or address the issue have been by the National Cohesion and Integration Commission, a state agency mandated to promote national unity,” the petition goes on.

“It once warned that continuing the ‘hustler vs dynasties’ campaign line risked deepening class divisions and plunging the country into chaos.”

Petition 

It says the March 9, 2018 handshake between President Kenyatta and Orange Democratic Movement (ODM) leader Raila Odinga made the dispute between the Head of State and his deputy severe, adding that Mr Kenyatta even asked Dr Ruto to relinquish the position of Jubilee deputy party leader.

According to the petition, it is the responsibility of the Attorney General, as the principal legal adviser of the government, to ensure Article 156(6) of the Constitution is actualised.

“The Attorney General shall promote, protect and uphold the rule of law and defend the public interest,” the article of the Constitution reads.

Mr Sonko and Bishop Mwawasi say the differences between Mr Kenyatta and Dr Ruto and the failed reconciliation efforts have the potential to create anxiety and ignite political violence if not addressed.

To convince the court to grant the orders, the two say they are relying on a decision relating to the 2017 mediation between Gambian President-elect Adama Barrow and incumbent Yayah Jammeh. The appointed mediator by the Gambia AG and the Economic Community of West African States was Sierra Leonean leader, Ernest Bai Koroma.

The petition will be mentioned for directions tomorrow.

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