1 Million Kenyan Signatures Calling for Amb. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and William Samoei Ruto to Vacate Public &/or Electoral Office
- Wanjiku Revolution Kenya
- The President of of Kenya, AG, DPP, Parliament, The CJ, IEBC, Ethics and Anti Corruption Commission
On December 15 2010, The President of the Republic of Kenya President Mwai Kibaki issued a statement after the ICC charged 6 Kenyans with crimes against humanity resuting from the 2007/2008 post election violence (PEV). In part of his statement, the President said and I quote;
"I have taken note of the announcement made this afternoon by the I.C.C. Chief Prosecutor Mr. Luis Moreno-Ocampo in regard to the Kenyan case.
Like other countries, our overriding desire in subscribing to international conventions is to advance our national interest both internally and internationally.
We do expect, therefore, that the International Criminal Court process will meet our expectations as a nation.
I wish to state that the people who have been mentioned have not yet been fully investigated as the pre-trial process in The Hague has only but began. They therefore cannot be judged as guilty until the charges are confirmed by the court.
Calls for action to be taken against them are therefore prejudicial, preemptive and against the rules of natural justice." end quote.
Agreement for the implementation of the CIPEV Report signed by H.E Mwai Kibaki and Rt. Hon. Raila Odinga on 16 December 2008:
Article 4: Public Officers and Offices
The Parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon.
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
(c) good governance, integrity, transparency and accountability;
(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;
(iv) promotes public confidence in the integrity of the
(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.
The 1 Million Kenyan Signatures Calling for Amb. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and William Samoei Ruto to Vacate Public &/or Electoral Office petition to The President of of Kenya, AG, DPP, Parliament, The CJ, IEBC, Ethics and Anti Corruption Commission was written by Wanjiku Revolution Kenya and is in the category Civil Rights at GoPetition.