Raila Odinga protests to CJ Willy Mutunga over Saba Saba ruling

Friday, July 4, 2014

Former Prime Minister Raila Odinga (left) and Chief Justice Willy Mutunga.  Photos | FILE

In Summary

• A letter addressed to Chief Justice Willy Mutunga urged him to intervene in the court ruling that was made on Friday by Justice Isaac Lenaola stopping the coalition from calling for mass action.
• According to Mr Odinga, mass action is a common phrase used to describe the exercise of assembly.

By Nation Reporter
More by this Author

Cord leader Raila Odinga has said the party will ignore a court order restraining calls for mass action during the Saba Saba rally on July 7. (READ: Court bars Cord from mass action calls)

He insisted that they will continue with the rallies and demonstrations as allowed by the Constitution.

A letter addressed to Chief Justice Willy Mutunga urged him to intervene in the court ruling that was made on Friday by Justice Isaac Lenaola stopping the coalition from calling for mass action.

“Article 37 of the Constitution of Kenya states that every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities,” the letter reads.

BACK TO THE DARK ERA

According to Mr Odinga, mass action is a common phrase used to describe the exercise of assembly.

“The term is not a legal principle that can lend itself to interpretation of the court outside the confines of Article 37,” he added.

The former Prime Minister termed the ruling as backward saying:

“Rulings like the one issued against Cord today (Friday) only fortify our concern that Kenya is moving back towards the dark era instead of forward, to a happier, freer society that we long desired and fought for.”

He further urged the Chief Justice to guard the Constitution through the judiciary system and provide for rulings to be made within the law.

PERSONALLY RESPONSIBLE

“Kenyans have put their faith in this Judiciary and in you as its Chief Justice to restore the constitutionalism that was abused in past years and to restore, preserve and protect their liberties against all threats from the State,” he said.

Justice Lenaola stopped the opposition from calling for mass action while ruling on an application filed by Nairobi Senator Gideon Mbuvi Sonko to stop the Monday rally.

The court ruled that in the event that Mr Odinga and his co-principals – former Vice President Kalonzo Musyoka and Bungoma Senator Moses Wetangula – defy the court order and call for mass action leading to chaos during the rally, they will be held personally liable for the consequences.