A grand scheme has been hatched to bring down the Kenyan government and throw the country into an early general election.
The plan is being executed by a wide network of politicians, government officials and activists allied to Deputy President William Ruto. They also include lawyers, judicial officers and senior staff of the judiciary.
Part of the mission entails dissolution of Parliament through court petitions and well-orchestrated plan to intimidate the judiciary.
The idea is to have Parliament dissolved and to obtain a court declaration that Presidential elections and those of the county assemblies and county governments must be held alongside the election of new MPs.
Prominent names behind the scheme include the Law Society of Kenya President Nelson Havi, former Machakos Senator Johnstone Muthama, Kandara MP Alice Wahome, Chief Justice’s former personal assistant Fredrick Nyinguro who is currently a researcher attached to the office of the Deputy Chief Justice, the CJ’s Chief of Staff Conrad Bosire among others.
The scheme was first introduced via Fredrick Odumo Nyinguro to Muthama who appears to be the financier of a think-tank that brings together Ruto’s campaign think-tank and civil society-LSK axis think-tank.
The dissolution of Parliament came as a golden opportunity, following failure by the House to pass legislation to effect the two-third gender principle as prescribed by the constitution of Kenya 2010.
But the ultimate objective of the network has been to use the judiciary to pronounce that the dissolution of Parliament has to come as a package with the dissolution of the Presidency as presently constituted, so that the country goes to a general election.
So elaborate is the network that it comes complete with a team of researchers and consulting advocates, a number of them very senior in the bar, a number of whom have been the credible source of our information.
Conspicuously, the mission to have parliament dissolved is linked to another scheme to shoot down the BBI. The end game has been to ensure that the country goes to a general election well before 2022 and with the current constitution as it is, providing for President and Deputy President as the two top-most positions in government.
Our sources reveal that Nyinguro, Muthama and Havi are the three main players laying the groundwork for the planning, financing and execution of the plans to have Parliament dissolved together with the executive and to cut off the BBI using the judiciary. And with no Parliament sitting, the BBI process will collapse midway.
Nyinguro is the “Mr Fix it” in the judiciary. He is one of the key influencers of the Maraga administration. He is utilized by external forces in various missions including sabotaging implementation of the Building Bridges Initiative (BBI).
In 2017, Nyinguro was instrumental in frustrating and sabotaging Jubilee Party strategies through the courts and corridors of justice.
Nyinguro has contacts with a section of judges with whom he discusses cases he has an interest in and their outcome. He has access to the office of the CJ through the Chief of Staff Conrad Bosire and that of the Deputy Chief Justice, through her personal assistant Masha Baraza.
He also has free access to the office of the Chief Registrar Ann Amadi. One of the objectives of the group was to influence CJ Maraga to present to the President a request to dissolve Parliament over failure to enact legislation to implement the gender rule.
Source tell us that before he sent the advisory to the President on September 21 Chief Justice David Maraga had been under pressure from various quarters to take the step.
Sources tell us that the LSK President Nelson Havi has been very instrumental in the twin missions to have Parliament dissolved and the collapse of the BBI.
The newly elected President of the LSK has been putting together legal and political minds to plot the dissolution of parliament and ultimately the fall of the government.
Among his confidants are Kandara MP Alice Wahome whom Havi has been consulting regularly in the past few months. Others include former LSK chairman Prof Tom Ojienda.
In August the LSK initiated a petition on two-third gender rule and organizing a conference to drum support for it. The conference was held on August 14 and Ms Wahome was listed as one of the panelists. Other panelists were former CJ Willy Mutunga and Uasin Gichu Woman Rep Gladys Shollei.
Sources reveal to us that since then, both Havi and Ms Wahome have been discussing the twin issues extensively. They have particularly been discussing the case on the two-third gender rule already in court, and affidavits filed by the speakers of the two Houses.
“Havi sees the case as a way of cornering the judiciary leading to the ultimate dissolution of parliament,” our source who is privy to the discussions between Havi and Alice told us.
On her part Ms Wahome believes the President will have no choice but to dissolve parliament. She is of the opinion that this will set the biggest achievement and legacy for CJ Maraga.
“She is very confident that even if Parliament were to be dissolved, she and her political allies would campaign and recapture their Seats,” our informers within the political circles revealed.
Political analysts believe that Alice has become a crucial player in all efforts to bring down the Uhuru Kenyatta administration for personal reasons.
Being the senior-most female politician in the Mt Kenya who is allied to DP Ruto, the MP is carefully eyeing the possibility of being nominated as Ruto’s running mate and hence the Deputy President, should the duo win the presidency.
Nyinguro’s role in the scheme has been to contact senior lawyers and putting together a legal team to present the petition to court. We are informed that some of those in his team include senior lawyer Kioko Kilukumi and others with whom he has been meeting in different places.
However, other independent sources within the big circle tell us that before Maraga sent his advisory to the President, Nyinguro was already aware of it and was making frantic efforts to alert former Prime Minister Raila Odinga.
“It would appear that Nyinguro had taken advantage of the situation and sort to benefit from all available political factions,” our source revealed.
“He has been trying to reach out to Raila for the past few weeks but it appears the former PM is not ready or willing to meet him,”
But our source was categorical that Nyinguro wanted to inform Raila about the coming advisory by Maraga on dissolution of parliament to be presented to the President. That way Nyinguro would solidify his relationship with the ODM leader for future references.
But Nyinguro told several people that he had been unable to meet Raila and that was the reason why he had not managed to brief him about the plans by Maraga.
Nyinguro told several confidants that he did not know who else to trust, reason he wanted to meet Raila in person. He told them that Maraga had been working in the advisory alone since August for fear that it would leak.
Sources say Nyinguro and Muthama have been meeting and discussing the dissolution of Parliament and the plans to sabotage BBI. In fact they met in Muthama’s office in Nairobi just two days after Maraga sent the advisory to the President.
It is understood that among other issues, they discussed how the move could be utilized to bring down the whole government.
The network has been holding meetings since then, and carefully briefing the Deputy President William Ruto, as they wait for a decision by the President on the dissolution of Parliament.
They are also weighing the options of shifting pressure to the President for dissolution of Parliament.
Despite a court order having been issued suspending Maraga’s advisory, the group led by Havi has now planned to occupy Parliament on Tuesday October 12 and to cause disorder in efforts to have the House dissolved.
In the past one week they have been mobilizing groups to be ferried to Parliament for the mission. s clear that they are not keen or interested in the legal process but bent on ensuring that Parliament is dissolved and ultimately the entire government.