Ruto’s 100 Days In Office

Dr. William Samoei Ruto and the Kenya Kwanza government officially crossed the 100 days mark this week. There is a lot to reflect and examine about this new government that cut its niche through identifying with the needs and pains of the common man alias hustlers.

They made a plethora of promises that they were going to fulfill within 100 days. Of course being Kenyans and living in Kenya we know that politicians will always make promises even if they don’t intend to fulfill them. 

In 100 days however there are people who have smiled because of the legal freedom that lining with the government of the day has afforded them. When the Kenya Kwanza government came into power the Director of Public Prosecutions (DPP) Noordin Haji has for some reason lacked evidence in a lot of cases. Therefore he has been dropping cases against notable politicians including current Cabinet Secretaries.

Coincidentally however, those who are not in government such as Sirisia MP John Walukhe still have their multi million cases stuck to their backs like a parasite biting them at will. As an ordinary Kenyan you would forgive me to think that it’s a coincidence.

But let’s look at examples of the cases that our consistent DPP has found to lack merit and therefore withdrawn them.

Rigathi Gachagua

From the highest we have our very own man from Nyeri, the outspoken, fearless, gumboot wearing Deputy President Rigathi Gachagua. In his own words he says he is a good “mehn” (man) and probably that’s why the court set him free.

In July 2022 the DPP accused Rigathi Gachagua who was then the Mathira MP, of misappropriating $60 million (Ksh 73 million alongside other companies). The DP had been accused of doing business with the county through supplying dialysis machines to Nyeri Provincial Hospital in a deal worth Ksh 6 million. Additionally, he was accused of receiving Ksh 109 million from the Bungoma County government which was said to be proceeds of crime.

The DPP said that they lacked evidence and that when they were conducting the investigations, it was under pressure. Pressure from who? The investigating officer Obadiah Kuria said that the DPP normally works under intense pressure. Incredibly hilarious!

But the court magistrate Victor Wakumile sided with the DPP and saw it fit to allow the application.

Secondly, the DP was declared to be the rightful owner of Ksh 1.5 billion airport land by Ministry of Lands and Planning officials as they told the court that his company named Wamunyoro Investments Ltd acquired for Ksh 24 million.

If you want your legal misfortunes to come to an end all you need to do is get into government.

Aisha Jumwa

Look at Aisha Jumwa the current CS for Public Service, Affirmative Action and Gender in Kenya. She is also the immediate former Malindi MP. Aisha had been accused by the DPP of being involved in the murder of Ngumbao Jola and was instead made a state witness leaving the family of the deceased perplexed and jilted.

Ben Chumo

Let’s talk about Ben Chumo. He was once at the heart of the never ending Kenya Power and Lighting Company wrangles, squabbles and mysteries. The DPP hastily applied for his case to be dropped once the Kenya Kwanza government started making its baby steps. Friends of the government are smiling all the way to their beds as they can now sleep in peace.

Noordin Haji dropped charges against the former KPLC boss stating that the Directorate of Criminal Investigations failed to prepare a watertight case. Apparently, the inconsistencies that the DPP asked DCI to address were not dealt with. Therefore the case was not strong enough to secure a conviction against the accused. Thus Chumo and 10 others walked away with their freedom in their hands.

Mithika Linturi

The current Agriculture Cabinet Secretary and former Meru Senator is one of the luckiest men out here. For years on end his dirty linen has been washed in public mercilessly. His messy divorce from former wife Maryanne Kitanny was broadcasted for the whole country to see. 

There was still another rape case against Linturi in which a married woman accused the lawyer of slipping into her room at 3:00 am and raping her. The case dragged on with crazy revelations being birthed out of the saga. In October 2022 two months into the Kenya Kwanza government the plaintiff withdrew the case and told the court that both parties had opted for an out of court settlement.

When he was being vetted to become the Agriculture CS he told the vetting panel that he had a whopping 35 pending cases in court. But as any smart Kenyan knows those cases will slowly but surely fade away into oblivion. Because Linturi is not only aligned to the government of the day. He is the government itself.

In reality we may never have the evidence or the smoking gun to come up with absolutes to say who is guilty and who is innocent but one thing is sure. If we have learnt anything from Ruto’s first 100 days, being a friend of the government will guarantee you legal victory. Anyway this is Kenya, why would we be surprised?

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COLUMNISTS

Nasra Nanda

Nasra Nanda

Nasra Nanda is a Senior Associate in Dentons Hamilton Harrison and Matthews, a leading law firm in Kenya.

Gregor Pannike

Gregor Pannike

Gregor Pannike is the founder and managing director of Agema Analysts.

Liz Lenjo

Liz Lenjo

Liz Lenjo is the Founder and Managing Consultant of MyIP Legal Studio.

Angela Kioi

Angela Kioi

Angela Kioi is a legal compliance expert, negotiator and ADR practitioner.

Roy Mwamba

Roy Mwamba

Roy Mwamba is the founder and managing partner at Mwamba Gitonga Advocates.

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