Karua, Mwakwere defend President Kibaki swearing in
Handlers of then President Mwai Kibaki took advantage of a loophole in law to swear him at night following the announcement of the results of the disputed 2007 election.
He took the oath for his second term in office just after 6pm at State House on December 30, 2007.
And yesterday, 13 years later, Narc Kenya leader Martha Karua, a former Justice and Legal Affairs minister and former Cabinet minister Ali Chirau Mwakwere defended the swearing in saying it was the right thing at that time.
Karua said the hurried swearing in was aimed at forestalling a constitutional crisis because Kibaki’s term was to expire at midnight the same day hence the need to beat the deadline.
Secondly, she added that the Constitution did not specify when and where a president would be sworn in.
“It could have been done anywhere any time, the Constitution was not clear then,” she said, sentiments backed by Mwakwere.
Kibaki was sworn in by then Chief Justice Evans Gicheru for his second term, a move that plunged the country into violence in which over 1,300 people died, thousands displaced and property worth millions of shillings destroyed.
Poll chaos
The violence engulfed parts of Nairobi, Nyanza, Rift Valley and Coast regions, that were predominately opposition zones. It took the intervention of former United Nations Secretary General Kofi Annan to end the chaos.
The defunct Electoral Commission of Kenya (ECK) chairman Samuel Kivuitu controversially declared Kibaki, who was the Party of National Unity (PNU) candidate, the winner in the poll outcome that was disputed by Orange Democratic Movement (ODM) presidential flag bearer Raila Odinga.
Responding to questions during the People Dialogue Festival, an initiative of the Centre for Multiparty Democracy (CMD-Kenya), Karua dismissed those blaming her for the violence that sparked off by the swearing in, saying the blame should be shouldered by the person who was being voted for.
“I was not carrying Kibaki on my back, why pick on me for blame. I was defending what the electoral commission had ruled on,” said Karua.
Participants mainly youths, had blamed the political leadership of being behind the electoral injustices that have rocked the country in the past, singling out the 2007 election and the dusk swearing-in.
Mwakwere concurred, but added that it was the reason it is now anchored in the Constitution.
“This was one of the contentious areas during the National Dialogue talks, it was agreed that the swearing –in of a president be anchored for in the Constitution,” he told the forum at the National Museum of Kenya.
Determine petitions
“The law is now clear on how the President will be sworn in and the ceremony will be conducted during the day (in public), not at night,” he added.
In case of disputes, the timelines have also been set for Judiciary to hear and determine petitions and prepare either for a repeat poll or swearing in of President elect.
If a presidential election is challenged in Supreme Court, it would take 28 days to resolve the petition and swearing in of the new President. If the election is annulled, a fresh election is held within 60 days.
On matters BBI, Karua and ANC leader Musalia Mudavadi said the divisive remarks being peddled at rallies will spoil its purpose and end up like other reports which have never been acted on.
“The BBI is proving to be so divisive, I wonder how it will meet its purpose. Why are we not allowing others to speak? Is BBI abut ideals or about creating a villain?” posed Mudavadi.
“The BBI is not different from the National Dialogue which came up with the Kriegler Report, the Waki Report among others.
They were, however, not implemented and we have now started another process whose purpose is the same,” he added.
Karua said the BBI process should not be used to sideline others and must be for all Kenyans to ventilate on the report unhindered.
