Who reached out to who? Case unites suspended Lands Cabinet Secretary Charity Ngilu and Kalonzo Musyoka

Suspended Lands Cabinet Secretary Charity Ngilu at the Milimani Law Courts on Friday. She did not take plea. [Photo: George Njunge/Standard]

The presence of opposition luminary Kalonzo Musyoka in the courtroom when suspended Lands Cabinet Secretary Charity Ngilu was in the dock, was a key political sting on President Uhuru Kenyatta's war against corruption.

For a man who has been harassing and haranguing President Kenyatta to fight corruption, it was odd for him to stand in solidarity with one of the people the Head of State kicked out of Government over graft allegations.

Clad in a pinstriped suit, a white shirt, and a checked light-blue tie, Kalonzo, a former Vice-President and Ngilu's political rival, sat shoulder to shoulder with Ngilu's lawyers Kioko Kilukumi and Paul Muite.

As the lawyers debated and argued on whether Ngilu should take a plea, Kalonzo watched pensively. He whispered to the lawyers occasionally, and glanced at Ngilu to his left. The message in his eyes was clear: The whole of Ukambani and Kitui is here for you.

Ngilu failed to take plea alongside seven other people arraigned in court over the Sh800 million Karen land ownership saga.

Ngilu was expected to take plea before Senior Resident Magistrate Lawrence Mugambi after the Ethics and Anti-Corruption Commission (EACC) charged her with obstruction of justice. She was accused of blocking investigators from probing the saga. Ngilu's presence in court provided Kalonzo and the Opposition in general, an opportunity to make a political statement that is expected to change the tone and tenor of politics in the country.

In the run up to the 2013 General Election, Ngilu hastily deserted Kalonzo's Coalition for Reforms and Democracy after she was lured in to Jubilee with the promise of a ministerial appointment. Some interpreted this to mean that maybe one coalition was not big enough for two Ukambani big shots.

Also accompanying Ngilu were Makueni MP Daniel Maanzo and Nairobi Senator Mike Sonko. The court room was full as both the young supporters listened to lawyers argue on the case. Ngilu through Muite and Kilukumi, asked the court that she be tried separately.

Ngilu's lawyers argued that the charges their client was facing were not related to those of the seven co-accused.

Muite termed Ngilu's charge as a standalone charge in regards to time and the gravity of the same. He argued that whereas the co-accused had been charged with fraud, she had only been charged with obstructing EACC officials from accessing crucial documents related to the 134.4 acre of land.

"The application that Kilukumi and I intend to make is for a separate trial and a separate charge sheet for the fifth accused. The charge against her does not relate to the others. This is a standalone count against Ngilu, no one is accused of this," Muite said.

The courtroom was packed with placard-waving youths. The placards were a jibe at the Jubilee administration for shutting Ngilu out.

One, hoisted by a man in a reflector jacket and a whistle bore a terse warning: "Jubilee musije Kitui. Asante ya punda ni mateke?" (Jubilee shouldn't visit Kitui. A donkey says thank you with a kick). Kitui is home to both Ngilu and Kalonzo.

There was also another placard with the name of former EACC boss Mumo Matemu with a question mark. Matemu was forced to resign for allegedly crippling the commission.

In the courtroom, two middle-aged men wore white bandanas with Ngilu's name printed boldly in black. One carried a picture of Ngilu. The courtroom was packed with supporters, sympathisers, friends and a group of MPs including Marcus Muluvi (Kitui East), Daniel Maanzo (Makueni), Cecily Mbarire (Runyenjes), Mwiti Irea (Imenti Central), and Regina Muia (Kilome).

The crowd, placards and posters in the halls of justice was a pointer that Ngilu had chosen to use the same strategy her boss Uhuru used at the International Criminal Court – turn a judicial matter into a political contest. The narrative was that key people in the Kamba Community – Ngilu and Matemu – were being victimised by the Jubilee administration.

Ngilu, clad in a navy-blue skirt suit with a round-necked white blouse bearing light-blue flower patterns, sat quietly. When her name was called, she stood up, waved, smiled, turned around waved some more, and then sat down. There were no cheers in the courtroom. But her point was made.

When it was all done, Kalonzo and Ngilu, the two top politicians from the Kamba community, hugged and then Ngilu was escorted out by the court orderlies. Muite had managed to save her the embarrassment of being locked up in the cells like it happened to the other suspects, to await the processing of the Sh1 million bail.

For Kalonzo, the crowd outside had to be reminded that their only daughter in Government had been kicked out. When he spoke, the message was crystal clear.

"I am a court officer and I was ready to go on record to defend my sister. But it is good she has not been charged, the lawyers have done a good job. The truth is that Ngilu has not killed anybody," said Kalonzo, as hundreds of people cheered, and the women let out shrill ululations.

Then Kalonzo delivered his diatribe against the Jubilee administration in Kamba language and when he shifted to English, his anger at Uhuru exploded. He said Ngilu was being persecuted and called Uhuru a "colonialist".

"That's why we (the Opposition) say that Kenya has to be saved from the neo-colonialists who have no idea what gratitude and saying 'thank you' is all about," said Kalonzo.

At a time when Kamba MPs are still mad that many of the Jubilee lawmakers had refused to back their daughter in public service, Interior Principal Secretary Monica Juma, the message that Kambas were being hounded out is great political propaganda for Kamba politicians.

But the million dollar question is, was Kalonzo wooing and sending signals that Ngilu should join the Opposition, or was it Ngilu showing the President that she could bring on board the Opposition luminary and the Wiper Party MPs? Only time will tell.

Ngilu was to take plea alongside Chief Lands Registrar Sarah Mwenda, her deputy Geoffrey Birundu, Senior Deputy Director of Survey Pauline Gitimu and Senior Registrar of Titles Mark Muigai, former National Social Security Fund Managing Trustee Josphert Konzolo, Macmillan Mutinda and lawyer James Mbaluka.