Activists Threaten to Sue Ruto Over Creation of Raila's Office

A Collage of President William Ruto and Opposition leader Raila Odinga
A Collage of President William Ruto and Opposition leader Raila Odinga
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Activist Waikwa Wanyoike, on Saturday, December 10, threatened to take action against President William Ruto should he implement plans to create a new office for the opposition leader, Raila Odinga.

Waikwa Wanyoike, who serves at Open Society Justice Initiative Kenya as Strategic Litigation Director, warned Ruto against enforcing unlawful constitutional amendments.

The civil society leader called on Kenyans to defend constitutionalism which he claimed was under threat.

"This is President William Ruto, Raila Odinga, and David Ndii's foot-in-the-door strategy to mutilate the Constitution," Waikwa lamented.

A collage image of President William Ruto (left) and former Prime Minister Raila Odinga (right) speaking at separate events.
A collage image of President William Ruto (left) and former Prime Minister Raila Odinga (right) speaking at separate events.
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William Ruto/ Railla Odinga

The activist argued that it was morally wrong for the President to direct the creation of constitutional offices.

According to Waikwa, the Kenya Kwanza government has been making moves which are strategically meant to mutilate the Constitution.

"And to be sure, any amendment on two-thirds, leader of opposition or CDF must constitutionally be subjected to a referendum," Waikwa warned.

Homa Bay senator, Moses Kajwang, had also rejected the proposal, arguing that a court would throw it out based on the president being the initiator, the same grounds which led to the nullification of the Building Bridges Initiative. 

On Friday, December 9, Ruto asked MPs to proceed with the amendments to entrench the Office of the Leader of the Opposition in the Constitution.

If successful, the move will see Azimio la Umoja leader, Raila Odinga, assume the powerful office.

"I, therefore, propose that Parliament consider an amendment to Chapter 9, Part IV of the Constitution to establish the office of the Leader of the Official Opposition, with its operational dimensions to be provided for in consequential legislation.

Ruto also urged MPs to craft supportive legislation and dimensions within which the Official Leader of the Opposition will operate.

"The consequence is that the overall political leader of the minority side is effectively excluded from meaningful political participation, and left to rely on the minority house leadership to perform the function,” Ruto stated in the memo.

Separately, Members of the National Assembly mulled the possibility of changing the Constitution to entrench the Constituency Development Fund (CDF) declared unconstitutional by the Supreme Court. 

A display of the Supreme court session as hearing of petition continues on August 31, 2022
A display of the Supreme Court session as hearing of petition continues on August 31, 2022
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The Judiciary of Kenya