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1 Million Kenyan Signatures Calling for Amb. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and William Samoei Ruto to Vacate Public &/or Electoral Office

This petition was published by Wanjiku Revolution Kenya on Jan 23, 2012

On the basis of the President's statement that he would act once the charges are confirmed, and not withstanding the said individuals right to appeal and presumption of innocence until proven guilty, we the undersigned people of Kenya exercising our sovereignty as expressed below under Chapter One and Chapter Four (Bill of Rights) of the Constitution of Kenya 2012 call upon the President to move with speed and honour his word and pledge to Kenyans by compelling Amb. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and William Samoei Ruto to step down from the public offices they currently occupy.

The President should also state categorically that the said individuals are not fit to hold public office in Kenya unless and if when the very serious charges against them are dismissed. We feel that the three individuals can no longer inspire confidence from the majority of Kenyans in exercise of their official duties and that their personal activities will indeed interfere with the discharge of their duties in service of the people of Kenya.


CHAPTER ONE––SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
1. (1) All sovereign power belongs to the people of Kenya andshall be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directlyor through their democratically elected representatives.

CHAPTER FOUR––THE BILL OF RIGHTS
22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

We wish to bring to your attention that our petition is informed by the following sections of our Constitution that make it untenable for the three individuals to discharge their duties to the Kenyan public diligently and thus to continue holding public office;

Article 10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them––
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.

(2) The national values and principles of governance include––
(a) patriotism, national unity, sharing and devolution of power,
the rule of law, democracy and participation of the people;
(b) human dignity, equity, social justice, inclusiveness, equality,
human rights, non-discrimination and protection of the
marginalised;
(c) good governance, integrity, transparency and accountability;
and
(d) sustainable development.

CHAPTER SIX––LEADERSHIP AND INTEGRITY
73. (1) Authority assigned to a State officer—
(a) is a public trust to be exercised in a manner that—
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect for the people;
(iii) brings honour to the nation and dignity to the office;
and
(iv) promotes public confidence in the integrity of the
office; and

(2) The guiding principles of leadership and integrity include—
(a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;

75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—
(a) any conflict between personal interests and public or official duties;
(b) compromising any public or official interest in favour of a personal interest; or
(c) demeaning the office the officer holds.

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