Category: Politics

{Government last evening withdrew its application that was intended to extend a court order that had banned all the defiance campaign activities of Opposition Forum for Democratic Change (FDC) party and its former presidential candidate Kizza Besigye.}

The application for the new interim orders had been scheduled for hearing yesterday at 3pm. However, the Attorney General (AG) who was the applicant in the matter, in a notice to the Constitutional Court, withdrew the application without giving any reasons.

The application had been scheduled to be heard by Deputy Chief Justice Steven Kavuma. The same judge, sitting as a single justice of Constitutional Court, had issued interim orders banning defiance activities for four weeks effective April 29. They expired at the weekend.

The Constitutional Court had on Wednesday summoned FDC party officials and Dr Besigye to appear for the hearing of the new application for interim orders.

“We do hereby apply to withdraw the above captioned applications under Rule 2 (2) of the Court of Appeal Rules with no orders to costs…” read in part the Attorney General’s letter signed by Mr Denis Bireije, the acting director of civil litigation.

The withdrawal means FDC party members are at liberty to resume their defiance campaign activities such as holding their proclaimed weekly prayers, holding peaceful demonstrations and the media is no longer constrained to give a live coverage of the same activities.

In a related development, Dr Besigye, who is currently held at Luzira prison and had been listed as one of the respondents in this application, had written, informing court that he was unable to file his response before the application was later withdrawn.

Dr Besigye, who is facing treason charges for allegedly swearing-in himself as the president of Uganda, explained in a letter to court that since he is representing himself, he has to personally be present in court.

He added that in case he was not delivered to the court by the prison authorities, the hearing of the application shouldn’t proceed.

“Today June 1, 2016 at 13:30 hours, I was served with this application which requires me to file a response in time for the hearing at 15:00 hours tomorrow (yesterday). I am incarcerated at Luzira prison since May 18, 2016 and I was not permitted to attend court in another matter in Nakawa Chief Magistrate’s Court,” Dr Besigye said.

Dr Besigye speaks out
“It is logically difficult to respond within the time given. I am advised that the rules of this court require at least two days’ notice between the service and the hearing,” he added.

“I would like to be present so as to raise arguments against the application since I represent myself. In the event that I am not produced by the prisons authorities as it happened today (on Wednesday), I would like to be put on record and notify the judges hearing the application should not proceed in my absence as to do so, would be to violate my rights under article 28 (5) and 44 (c) of the Constitution.”

Shortly after the flop of the hearing of the new interim orders, human rights lawyer Ladislaus Rwakafuuzi, who had come to represent the FDC party in court, told journalists that the AG feared to continue with this application without the physical presence of Dr Besigye.

He explained that the law demands that the respondent be present in court and that the State could not secure his presence in court as it would attract more than one million city dwellers who are his supporters to come to court.

{At Uhuru Park, Mr Odinga said the invitation had come too late.}

Cord leader Raila Odinga on Thursday told a prayer meeting in Kisumu that he and President Uhuru Kenyatta had agreed to form a team to spearhead talks on how to disband the electoral commission.

But State House has said that that was not true.

During the prayer rally to mourn the three people who were killed during IEBC protests last week, Mr Odinga also named the five people that will represent Cord in the talks, which he said had been agreed on at State House on Tuesday.

“I am ready to swear with the Bible. We agreed that we should come up with a team of five each from the coalitions, and it is very dishonest of the President and his Deputy to lie to Kenyans on national television,” Mr Odinga said.

He was referring to President Kenyatta’s sentiment during Madaraka Day celebrations that it was not possible for a few people to have their way at all times.

A statement from State House late Wednesday refuted claims that Mr Kenyatta and Mr Odinga had agreed to form a 10-member team to lead talks on how to disband the Independent Electoral and Boundaries Commission.

The statement by State House Spokesman Manoah Esipisu said the President supported the mechanism set out in the Constitution, which gives Parliament the power to remove commissioners after receiving petitions.

Mr Odinga said he had given the governing Jubilee Coalition until Sunday to appoint its team.

He also named Senators James Orengo (Siaya), Johnson Muthama (Machakos) and MPs Eseli Simiyu (Tongaren), Mishi Mboko (Mombasa) and Junet Mohammed (Suna East) to represent Cord in the talks.

Earlier Balambala MP Abdikadir Aden had been named to the team but Mr Mohammed was picked to replace him.

NOT ILLEGAL
Speaking during the Kisumu prayer rally, Mr Odinga said: “We are waiting for five names from Jubilee. Should they fail to give out the names, I will be leading the Opposition to the streets on Monday as usual.”

He said it was not wrong to agree outside Parliament and gave an example of the 1997 Inter-Parties Parliamentary Group and the Serena talks which led to the formation of the Grand Coalition Government in 2008.

“It is not unconstitutional to hold talks out of Parliament. In Serena those who sat for the talks that included Deputy President William Ruto were MPs but still agreed on the formation of the Grand Coalition government in a hotel,” Mr Odinga said.

On Wednesday, State House said it had not agreed to form such a team.

Meanwhile, sources have said that a failed phone call from State House on Tuesday evening could have been to blame for the failure by Mr Odinga and Ford Kenya Leader Moses Wetang’ula to honour the President’s Madaraka Day invitation.

Mr Kenyatta, who met the two leaders on Tuesday, had invited them to Nakuru where this year’s national celebrations were to be held.

However, neither Mr Odinga nor Mr Wetang’ula showed up. Instead, they waited in Nairobi for the State function to end before addressing a rally at Uhuru Park.

Cord leaders said they waited for a call from State House but it never came. They said President Kenyatta and Mr Ruto were to call Mr Odinga in the night after seeing off visiting South Korean President Park Geun-Hye.

According to Cord leaders, the call had not come by 6am on Wednesday. It was then that Mr Odinga communicated his decision to his allies, confirming he would not travel to Nakuru.

Sources in Cord also said that a military helicopter had been reserved to fly Mr Odinga and Mr Wetang’ula to Afraha Stadium.

The helicopter had been waiting for the two at the Kenya Broadcasting Corporation grounds at Karen, near Mr Odinga’s home. They never boarded it.

And at Afraha, two seats reserved in the front row of the presidential dais for the Cord leaders remained unoccupied during the celebrations.

TOO LATE

On Thursday, State House sources refuted the claims by the Cord leaders. They said the telephone call was only meant to discuss Cord’s Uhuru Park rally in view of the visit by Turkish President Tayyip Erdogan. Mr Erdogan arrived in Nairobi on Thursday.

The State House sources said it was Mr Ruto — not the President — who was to call Mr Odinga after consulting the Inspector-General of Police on security arrangements.

The sources said it was Mr Ruto who had raised the security issue because the Cord rally was slated to take place between President Park’s departure and arrival of President Erdogan.

According to the sources, Mr Odinga raised the issue of IEBC commissioners but the President told him that they would discuss it after the Madaraka Day celebrations.

The President was said to have indicated that since both sides were in agreement about reforming IEBC, they could go together to Nakuru and start talks over the commission thereafter.

He, however, insisted that Parliament remained the best option.

It was then agreed that the two Cord leaders would travel to Nakuru and arrangements would be made to fly them to Nairobi for their rally later in the afternoon.

Addressing wananchi during the celebrations on Wednesday, President Kenyatta said: “I invited them but I don’t know why they didn’t come.”

At Uhuru Park, Mr Odinga said the invitation had come too late.

“This is not an act of defiance,” he told the rally. In Kisumu on Thursday, Gem MP Jakoyo Midiwo blamed Mr Ruto for the failure of the talks to take off.

{The President asked leaders to lead by example, acknowledging the good work of others and criticising constructively where necessary.}

President Kenyatta on Wednesday termed as disrespectful Cord leaders’ decision to ignore his Madaraka Day invitation and instead carry on with their rally at Uhuru Park, Nairobi.

Speaking in Nakuru, where he presided over the 53rd Madaraka Day celebrations — the first such national event outside Nairobi — Mr Kenyatta said Cord leaders should respect the rule of law and embrace dialogue.

“I invited them (for the Nakuru celebrations) but I don’t know why they didn’t come,” said the President. “Maybe they have decided to go and have their own elsewhere, but they should know one day they will also want to be tolerated, and it is imperative, therefore, that they respect those in power.”

The President asked leaders to lead by example, acknowledging the good work of others and criticising constructively where necessary.

“This is the core of great leadership — and this is the leadership with which I am looking to partner as we seek greatness,” he said.

He said while Kenyans love politics, it should be exercised with moderation, terming lack of it “a fire that can destroy the house we have so painstakingly built these last 50 years”.

“It must be tempered with the moderation of wisdom. As your fourth President, I remind you that we shall have a fifth, a sixth, and even a tenth President. Leaders will come and go, but Kenya will remain,” he said.

The President and his deputy, William Ruto, criticised Cord’s strategy of weekly protests and its hardline stance against the Independent Electoral and Boundaries Commission, warning that the coalition’s behaviour could cause unrest in the country.

“Let us respect each other and follow the law and Kenya will make progress,” said the President. “It is not possible that if you do not like a decision or institution, you demand that it is disbanded or reject it. We must all be faithful to the Constitution; it is about the rule of law.

“We can differ — and that is okay in a democracy — but it cannot be that things must always go your way as an individual or a few, it becomes hard,” he said.

REMAIN A NATION

Thousands of Kenyans attended the national Madaraka Day celebrations, held at the iconic 17,000-seater Afraha Stadium in Nakuru.

Mr Kenyatta and Mr Ruto, in their speeches, said all Kenyans, irrespective of class and status, must respect the Constitution.

“It is the only way we can remain a nation, the only way Kenya can make progress,” the Deputy President said.

Mr Kenyatta warned that the continued hard stance taken by Cord in addressing issues of contention risked putting the country in trouble, calling upon the Opposition to support the government in nation building.

He cited Nakuru as one region whose people have experienced, first-hand, the consequences of violence and bad politics, and used the opportunity to urge respect and dialogue.

He said it was ironical that Cord leader Raila Odinga and his brigade supported the adoption of the Constitution but have issues with some of its provisions.

“How can it be that the same people who supported the Constitution now find it hard to adhere to it?” he posed. “Law cannot be good only when it is in your favour and bad when it is not. We cannot work like that.”

Mr Ruto accused Cord of engaging in personality politics and pursuing selfish interests.

“We have the most progressive and robust Constitution, made by Kenyans themselves. I now wonder why we want to transact the business of Kenya over a cup of tea, tête-à-tête and street demos clouded in teargas,” said the Deputy President.

“We cannot address issues in a way that is subject to the whims of personalities or individuals or groups. The business of Kenya is so important and cannot be left to the designs of a few people,” he added.

Mr Ruto said Cord must respect court orders barring its weekly demonstrations. “The court decided our friends in Cord can have their meeting in Uhuru Park, because we respect the rule of law, when the court decided we accepted its decision,” he said.

“The same court decided that they cannot continue with demonstration in the country; we expect them to respect the decision. They cannot continue to torment the country with demos every Monday,” he said.

The President used the occasion to highlight some of his government’s achievements in the last three years, citing the tablets to schools, connection to the power grid, expanded and better roads, access to safe water and medical care and the cash stipend to the elderly as some of the major scores for the Jubilee administration.

He said two of the three national days will be celebrated outside Nairobi and announced that Machakos would host this year’s second national holiday — Mashujaa Day, to be celebrated on October 20.

Several dignitaries attended the celebrations, including various diplomats, Cabinet Secretaries, Speaker of the Senate Ekwe Ethuro, National Assembly Speaker Justin Muturi, Chief Justice Willy Mutunga, and members of the clergy.

{Moise Katumbi, the embattled DR Congo opposition leader who quit the country last week ostensibly for medical treatment, has now flown from South Africa to London, one of his lawyers said Sunday.}

Katumbi, a football magnate seen as the leading challenger to President Joseph Kabila for the top job in the mineral-rich country, needs “rest” and it is not clear when he will be heading home, Georges Kapiamba told AFP.

With political tensions soaring over expectations that Kabila wants to extend his rule despite being barred from a third term, Katumbi has been all but forced into exile as he faces charges of undermining state security.

The 51-year-old owner of the Tout-Puissant Mazembe football club had this month announced plans to stand in the election due later this year, but was swiftly hit with an investigation into claims he hired foreign mercenaries.

Katumbi flew to South Africa on May 20 and was admitted to hospital in Johannesburg, with followers saying he was injured during clashes between police and his supporters a week earlier.

“Moise Katumbi left Johannesburg on Friday and landed in London on Saturday,” said lawyer Kapiamba.

Another member of Katumbi’s team, speaking from Johannesburg, added: “He is out of hospital. He is well, but because of the disorder in Congo, he prefers to rest for the moment.

“He will go back to Congo but we still don’t know when,” the source said, insisting: “He is a candidate for the presidency.”

– Moved hospitals for security –

Doctors have recommended he rest, the source added, saying Katumbi had travelled to London because his usual doctor was there.

The businessman left Johannesburg on a commercial jet while his wife Carine, who had accompanied him to South Africa, has gone back to Lubumbashi, the Congolese mining hub that serves as Katumbi’s power base.

Katumbi’s entourage in South Africa said the politician had needed treatment after he inhaled tear gas during clashes between police and his supporters in Lubumbashi.

But he left the country just a day after he was charged over the allegations that he hired foreign mercenaries, raising questions over the real reasons for the trip.

Katumbi, who calls the charges against him “grotesque lies”, was transferred between hospitals in Johannesburg for security reasons, according to supporters.

“Strangers came to the reception to ask where he was,” said a source close to Katumbi. “The hospital’s security staff judged this to be suspicious.”

Congolese authorities have allowed Katumbi to seek treatment abroad on the condition that he “is not vocal on the case before the courts”, according to government spokesman Lambert Mende.

Katumbi, a former ally of Kabila’s, joined the opposition in September when he quit as governor of Katanga province.

Kabila has been in power since his father’s assassination in 2001. Like much of the opposition, Katumbi accuses him of seeking to stay in office beyond the two terms allowed under the constitution.

At least one person was reported killed Thursday as rallies across DR Congo against Kabila turned violent.

{Uganda will cut defence and security ties with North Korea in compliance with a broad array of the UN sanctions imposed on Pyongyang in March for its nuclear test and ballistic missile launch.}

Former Foreign Affairs minister Sam Kutesa told journalists yesterday at State House Entebbe after President Museveni and North Korea’s archrival – the visiting South Korean leader Ms Park Geun-Hye held bilateral talks on defence and trade.
The two nations later signed a Memorandum of Understanding which spells out areas of cooperation.

Former Defense state minister Jeje Odongo signed on behalf of Uganda while South Korea deputy minister of defense, Hwang In Muo signed for his country.

{{Signed MoUs }}

They signed under the watchful eye of the two presidents.

“Following the UN sanctions, we are disengaging our relations with North Korea. We do not support proliferation of nuclear weapons,” Mr Kutesa said.

Mr Kutesa was responding to a question on whether the government would continue working with North Korea which has been offering military and police training to Uganda.

He said Uganda supports use of nuclear for energy but instead urged those with nuclear weapons to destroy them.

In March, the UN Security Council imposed sanctions on North Korea after it launched ballistic missiles.

The sanctions prohibit all UN member states from engaging in activities such as trade or transfer of technology that could enable the nation’s missile and nuclear programmes.

A report by the Royal United Service Institute for Defence and Security Studies, a global security think- tank released last month, listed Uganda among the top five countries that seem not ready to cut military ties with North Korea despite the UN restrictions.

After the bilateral talks between presidents Museveni and Geun-Hye, 10 MoUs were signed between the two countries.

These MoUs were on defence, social welfare, rural development, health, agriculture, cooperatives, information and communications technology, science and technology, diplomacy and consultations and energy.

President Museveni said during a luncheon that “African patriots” support the peaceful unification of North and South Korea.

“The Korean people are an ancient people whose specific identity can be traced as far back as 1392. Unfortunately, your nation was divided at the end of the second World War,” he said.

President Geun-Hye arrived in Uganda last Saturday for a three-day visit pledging to support Uganda’s Vision 2040, a package of strategies that plan to transform Uganda from peasantry into a modern country.

The two presidents will today to travel to Mpigi in Kampiringisa to tour South Korean agricultural projects.

{{Relations}}

Training: Previously Uganda has hosted 45 North Koreans security personnel to provide police training, according to a February report by a United Nations panel of experts. Handling guns: Another report by the panel last year said North Koreans trained Ugandan police on the use of AK-47s and pistols.

Abstained on voting: Uganda abstained from voting on all nine UN General Assembly resolutions on North Korean human rights for which votes were counted since 2005, a record mirrored by countries including India, Ethiopia, Nigeria, Mali and Qatar.