Former Public Service Cabinet Secretary Justin Muturi today hastily handed over his docket to the Prime Cabinet Secretary even before the vetting and appointment of his successor, Mbeere North MP Geoffrey Ruuku.
His handing over came hours after President William Ruto’s stinging remarks about his incompetence when he served as the Attorney General.
But even as he exited the cabinet, Muturi claimed that failure by the Defense Cabinet Secretary to de-gazette a notice that deployed the military to the streets, has left Kenya under military control.
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On Monday night, Ruto who had labeled Muturi incompetent, claimed the former CS had informed him that he was not fit to perform the roles of the Attorney General as he was out of practice of legal matters for a long time.
In a media engagement with vernacular stations from Mt Kenya, Ruto claimed he decided to give Muturi another chance in yet another docket due to his friendship built over the years, only for Muturi to fire himself after he skipped Cabinet sessions.
“Muturi nilimpatia kazi kama Mkuu wa Sheria. Yeye mwenyewe alinieleza ya kwamba hawezi hii kazi kwa sababu hajakuwa practice kwa muda mrefu ile kazi kidogo inamlemea. Nikakaa kidogo nikaona kweli amelemewa na ile kazi,” he said.
“Makosa pengine ni yangu, I persuaded him, fanya tu hii kazi. Nikasema wacha nimbadilishie kazi, nikampatia kazi ya waziri. Hapo katikati akagoma kuja katika baraza la mawaziri. Ni mimi nilimfuta kazi ama ni yeye alijifuta kazi? What am I supposed to do?”
Hours later, Muturi handed over his docket to Mudavadi, perhaps to prepare for a political duel with the Ruto administration.
The former National Assembly Speaker said he had warned the Kenya Kwanza administration against deploying the military to the streets since due process had not been followed.
“That is why the Gazette notice was issued post facto, but be that as it may, the Gazette notice was purely and purposely meant to quell the insurrection that the country witnessed. Its continued existence means the military can be deployed at any given time without fresh approval of the National Assembly,” Muturi maintained.
He said Article 241 of the Constitution says that the Defense Forces may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.
To him, this means that the approval should be for a particular unrest.
He said the Gazette notice issued by former Defense Cs Aden Duale on June 28 last year was still in force and wondered why the National Assembly has never demanded the brief of the assignment and the revocation of the gazette notice.
The former AG argued that the continued existence of the Gazette notice can only imply that the insurrection is still on and that is why perhaps the security chiefs warned Kenyans against anti-Ruto chants.
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“It is imperative to note that their warning comes at a time when the President is on Mt Kenya visit and questions have emerged whether ‘Ruto must go chants in the region would be interpreted as insurrection,” said Muturi.
The Military were in June last year deployed to support the National Police Service in response to the security emergency caused by violent protests in various parts of the Republic of Kenya, resulting in destruction and breach of critical infrastructure.”
Four days ago, Kahariri, in an unprecedented move, said the military will not countenance unconstitutional overthrow of an elected government, as he underscored the military oath of allegiance to both the constitution and the republic and urged Kenyans to focus on the ballot to resolve their political contestations.
“We can’t have anarchy as a country. Even as people exercise their freedom, they must do so within certain limits. We, the military, are apolitical. We don’t support any of the political sides. We defend the Constitution and the government of the day, duly elected by the people.”
He added, ” So, wakati watu wanaamua kwamba tumechoka na hii serikali, na mlichagua wenyewe, halafu mnasema must go, must go. That must go, must be done according to the constitution. When people question why the military was deployed… we have a responsibility, we took an oath to defend the constitution, to defend the republic.” he said, affirming that the military is, and will remain, apolitical.
On March 18, Tuya told the Senate that the Gazette notice issued by his predecessor was still in force and that the Kenya Defence Forces (KDF) was at liberty to get back to the streets and deal with protesters if need be.
“I would like to inform the Senate that the parameters for July 24, 2024 deployment of KDF officers are clear with two gazette notices issued by then Defence Cabinet Secretary Aden Duale still in force stating how KDF was to carry out its mandate with a court case on the matter still pending,” said Tuya.
On Monday, Opposition leaders led by Wiper leader Kalonzo Musyoka prevailed upon the President to withdraw the gazette notice as they accused him of ulterior motives in maintaining the active gazette notice.
“We’ve heard our security chiefs’ remarks. Kenyans must wake up to the President’s threatening stance on civil liberties. This illegal notice deploying KDF against Gen-Z protests must be withdrawn immediately,” Kalonzo stated.
