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- Exit Uhuru, Muthaura
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25 January 2012
FINANCE minister Uhuru Kenyatta and Civil Service chief Francis Muthaura will not be suspended despite the ICC confirming charges against them.
Attorney-General Githu Muigai said the two were still presumed innocent as they were going to appeal.
This is not the right decision politically or legally.
Firstly, there is an existing precedent of ministers standing aside while investigations or trials are pending because there is a question mark over their integrity.
William Ruto, Henry Kosgey and Moses Wetang'ula are recent examples of ministers standing aside.
Why is the case of Uhuru and Muthaura any different? The AG appeared to argue that they were acting as 'individuals' but they were both holding office in January 2008.
Secondly, Chapter Six of the new constitution makes it clear that leaders must have personal integrity and be impartial in their decision-making. Regrettably, that has been called into question by the ICC ruling that they have a case to answer.
Sooner or later, civil society will go to court to ask that they be suspended and, with the present judiciary, that suit might well succeed.
Uhuru and Muthaura should save themselves the embarrassment and now resign voluntarily. If the ICC case is dismissed, they can then return.
Quote of the day: "The gospel comprises indeed, and unfolds, the whole mystery of man's redemption, as far forth as it is necessary to be known for our salvation." - Scientist Robert Boyle was born on January 25, 1629