One week after President William Ruto’s controversial ‘Mambo ni Matatu‘ declaration, legal action has been initiated against him by a Kenyan civil society group.
The civil society group lodged a formal petition at the Milimani-based High Court on Tuesday, seeking a court order requiring President Ruto to retract his comments and issue a formal apology for his controversial statements.
The President made these remarks during an official tour of the Western region last week. While addressing the public, Ruto warned tycoons that if they continued to obstruct the government’s efforts to reform the sugar industry, they would face three choices: leaving the country, facing incarceration, or meeting their fate in the afterlife.
Operation Linda Jamii in its submissions, argued that President Ruto’s comments bordered on severe and cold-hearted threats, a stark departure from the role he should play as a symbol of national unity.
The group further expressed concerns that if the President did not retract his statements and offer an unequivocal apology, it could create a perception in Kenya that undermines the independence of the judiciary and leads to disrespect for the rule of law without any remedy.
While acknowledging the pressing issues facing the sugar sector that require immediate intervention from relevant authorities, Operation Linda Jamii contended that the President’s chosen path was dangerous and populist, sidestepping the appropriate channels for addressing these concerns.
Mambo ni Matatu is a ‘Death threat’
According to the advocacy group, the ‘Mambo ni Matatu’ quip not only constituted death threats but also undermined the fundamental principles of the rule of law.
Moreover, Operation Linda Jamii asserted that the President’s remark compromised the doctrine of the separation of powers and the checks and balances systems enshrined in the Constitution.
Explaining why they were suing the Attorney General instead of President Ruto directly, the group clarified, “The attorney general serves as the principal legal advisor to the National Government and represents the government in court or any other legal proceedings in which the National Government is a party.”
In their petition, Operation Linda Jamii also drew attention to billionaire industrialist Jaswant Rai’s decision to withdraw a case challenging the leasing of the Mumias Sugar Company at the Appellate Court.
They raised concerns about whether this withdrawal was voluntary or a response to the alleged threats made by the President. This, they argue, has raised questions about the effectiveness of the justice system, which is supposed to resolve legal matters in accordance with established rules and principles.
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