Tuesday, July 23, 2024

NASA has no proof Uhuru used state resources to campaign – Maraga

Supreme Court judges preside before delivering a detailed ruling laying out their reasons for annulling last month's presidential election, September 20, 2017. /REUTERS

NASA did not provide sufficient evidence to show President Uhuru Kenyatta broke the law by using state resources during his re-election campaign.

Chief Justice David Maraga said this at the Supreme Court on Wednesday while reading the full ruling on Opposition chief Raila Odinga’s petition.

Maraga, who is Supreme Court president, said the evidence they have is inconclusive.

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“In response to those allegations, we are unable to deal with that in the absence of any evidence. The petitioners have not proved their case in the required standard.”

The CJ also addressed the petitioner’s claims that Cabinet Secretaries publicly asked Kenyans to vote for Jubilee.

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NASA claimed ICT CS Joe Mucheru told an interview he was at liberty to campaign for Jubilee. Water minister Eugene Wamalwa, who is on record saying this, and Tourism’s Najib Balala were also mentioned.

“We cannot afford to lock our eyes to the President who had no benefit to bring his thoughts into this. Let the matter be addressed in the right proceedings,” Maraga said.

“We note that in rendering advisory opinions, this court stated that the High Court has been given the powers to interpret the constitution.”

In June, NASA gave DPP Keriako Tobiko seven days to prosecute seven CSs, a principal secretary and a KRA boss for allegedly using state resources to campaign for Jubilee.

Education Cabinet Secretary Fred Matiang’i, Wamalwa, Devolution’s Mwangi Kiunjuri and the late Joseph Nkaissery of the Interior ministry were among leaders targeted by NASA.

The others were James Macharia (Transport), Balala, Cleopa Mailu (Health), Energy PS Joseph Njoroge and KRA boss John Njiraini.

On April 13, the IEBC warned public servants against using state resources in their campaigns ahead of the August 8 polls.

The commission said such practices are against provisions of Section 14 of the Election Offences Act, 2016.

Chairman Wafula Chebukati in a statement said those who violate the law will be fined Sh2 million or jailed six years.


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  1. First, the Supreme Court is not a criminal court. It can’t do anything about criminal offenses. Those go to other courts. Secondly, no one prosecuted that part and no one brought evidence in support or against those claims. So this headline is partisan and misleading.


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