Business Daily (Nairobi)
Albert Muriuki And Njambi Waihenya-Ngatia
7 January 2008
Lawyers have called for the resignation of President Kibaki following the recently disputed elections, even as the Head of State announced the date for the Tenth Parliament.
"In view of the reports by the Law Society of Kenya Observers, ECK admission that the results were being tampered with, he could not tell who really won the elections, the AG's own call for a recount of ballots, independent observers, the European Union and the International Community at large that the Presidential vote tallying was flawed and tampered with, the aw Society of Kenya strongly demands that Honourable Mwai Kibaki steps down and that fresh presidential elections be held," said chairman Okong'o O'Mogeni.
In a move seen to be going against recent calls for mediation, the LSK chairman also stated that the Electoral Commission of Kenya chairman, Samuel Kivuitu, and all the commissioners of the ECK be held criminally liable for abdicating their constitutional mandate.
The LSK Council also recalled the honour bestowed upon Mr Kivuitu last year and demanded return of the award.
"The LSK Council has resolved and recalled the honour bestowed upon Samuel Kivuitu in 2006 and demand the immediate return of the award," said an LSK council member, James Aggrey Mwamu.
Kivuitu was honoured by the LSK in 2006 and put on the list of honoured lawyers. But two immediate former LSK chairmen immediately disputed the call for resignation.
The President of the East Africa Law Society (EALS), Tom Ojienda, who is also the immediate former LSK chairman, called the decision rashly and said mediation was the way forward.
"The best way out of the current crisis is through mediation. The involved parties should agree to mediate ...resignation of the President at the current moment would not solve anything," Ojienda told Business Daily.
Another former LSK chairman, Ahmednasir Abdulahi also said resignation would not be the way forward as it was highly unlikely that the president would obey the call as the Constitution would not allow him to run again.
The crisis, he said, highlights the urgent need for the passing of a new Constitution.
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I have read the comments of Messrs Ojiende and Nassir, past Chairmen of the Law Society of Kenya, significant they do not deign to proffer any suggestions re mediation, if the election was rigged and taking into account the role played by Mr Kivuitu and the hasty manner in which the President was sworn there is no alternative to rerun of the election.
The President himself in order to establish his credibility and integrity in the eyes of the people of Kenya and establish the peacock like position of Kenya on the world platform. If a person accused of theft if he claims innocence should have no objection in allowing a police search of his house? There is nothing greater than truth and honour. Is there? Ahmedali YA Jiwaji