KENYA: SAD DAY FOR KETHI AS JUDGES ARE EXPECTED TO RULE IN FAVOR OF TNA

From: Ouko joachim omolo
The News Dispatch with Omolo Beste
THURSDAY, JULY 18, 2013

As High Court judges Richard Mwongo, Weldon Korir and Mumbi Ngugi rule tomorrow whether Kethi Diana Kilonzo’s name should be on the ballot paper for the Makueni by-election, most Kenyans have already concluded that the ruling will be in favour of Uhuru’s TNA party.

As former vice president Kalonzo Musyoka claimed, IEBC is TNA and TNA is IEBC, according to this Electronic Footprint-SHOCKING: TNA Was IEBC According to this Electronic Footprint …, the data shows a shocking manner how IEBC and Jubilee used the electronic data to rig the elections.

Using data provided by a source at Kencall, TNA was IEBC. TNA used 21 data entry clerks at to enter data both in its server and the server of IEBC through a backdoor entry provided by Kencall.

The server (KENCALL IP: numbers.1.numbers.40) running Windows Server 200x gave access to the 21 data entry clerks employed by TNA. The same data entry clerks, receiving calls from TNA agents, entered data into IEBC database.

The IEBC database had 16 columns including a column called User-ID- which had who among the 21 data clerks entered the data. The TNA database called (MARKET RACE) was also hosted on this same server but it lacked the User_ID column.

This shows clearly that IEBC is TNA and TNA is IEBC. That is why TNA was able to allege that Kethis was not a registered voter, hence ruling out the clearance by IEBC for Kethi to vie for Makueni by-election. Otherwise if TNA was not IEBC then how could it know that?

Against the background that Kenyans have already made their conclusion that tomorrow’s ruling by all means must be in favour of TNA. This has been deliberately done according to Kalonzo because democracy in Kenya continues to be on trial.

According to Kalonzo this was evident during the petition that challenged the flawed presidential results of the March 4th 2013 general election, which due to obvious reasons, the Supreme Court of Kenya upheld, much to the dissatisfaction of the millions of Kenyan population.

Because TNA is IEBC, is why her name could easily be deleted from the voters list. The IEBC had no any other alternative but to withdraw her name from Makueni senatorial race. Remember, this is the same IEBC which cleared her for the seat.

The advice to TNA that Kethi should not vie for Makueni came from Charity Ngilu who instead wants Narc aspirant Prof Philip Kaloki to capture Makueni seat. Ngilu who was given a land docket ministry by Uhuru Kenyatta earlier had proposed the widow of Mutula Kilonzo, Nduku, attempt that didn’t bear fruits.

Ngilu was being sought by the Jubilee Coalition to bar a very strong candidate from the race because they obviously feared her strong candidacy on Wiper Democratic Movement, which is a CORD affiliate.

One of our readers also wanted to know why former Kibwezi Member of Parliament, Agnes Ndetei is being used as messenger to fight on behalf of Jubilee Coalition to frustrate Kethi. I have two reasons; one, for it not to appear as if it was a Kikuyu war; two, to appear that Kalonzo is being fought by fellow kamba.

Most Kenyans have also stated categorically through social media that Independent Electoral and Boundaries Commission (IEBC) and Kenyan Judiciary cannot be trusted because they belong to the same feather.

The big challenge here is of course, which electoral commission can be trusted if it is true they go according to the government wish? Where then will you get a “truly independent Judiciary” composed of men and women of integrity to regain the confidence of Kenyans as an institution of last resort in handling election disputes?

Wise judges like Justice Isaac Lenaola who do not want to tarnish their reputations had to pull out of the case. Lenaola says he is uncomfortable hearing the case filed by Kethi Kilonzo who wants to be reinstated to vie for the Makueni seat. This case is based on dirty politics and can spoil you good reputation as a judge.

Lenaola who disqualified himself from hearing the suit, had last week on Thursday ruled that the file be placed before the Chief Justice Willy Mutunga in order to constitute a three judge bench to handle the case.

Yet, to date the electoral commission has failed to furnish Parliament with the final results of the March 4 General Election. Dagoretti North MP Simba Arati claims that several commissioners and senior members of the commission’s secretariat have refused to append their signatures to the results fearing a backlash from the public.

This brings the doubt of sincerity of the IEBC declaration that Jubilee’s Uhuru Kenyatta duly elected as president after he garnered 6,173,433 votes (50.07 percent) against Raila Odinga (CORD) 5,340,546 votes (43.31 percent).

The issue is not over as yet with the IEBC. Detectives are questioning the four top managers at the electoral commission over the mismanagement of the March 4 elections according to sources close to the investigation by the anti-corruption commission.

The chairman, chief executive and his two deputies had implicated one another in the failure of the electronic tallying and transmission after the elections. A senior detective from the Ethics and Anti-Corruption Commission (EACC) told the Saturday Nation on Friday that the system failure was caused by internal fights over tenders, lack of coordination among departments and negligence.

This brings us to another big question as to why Jubilee should fear Kethi. I think because of her famous she earned during presidential results dispute between Uhuru and Raila. She presented herself very smartly before the court. With this fame she can easily be the next president of Kenya since almost every Kenyan would vote her.

Kethi is not only a young flamboyant talented lawyer, as a lawyer with talent and a lot of knowledge in law she is the new face in Kenyan screens that Kenyans are focusing on. She has become a mirror.

To spoil this good reputation is the reason why Agnes Ndetei has been used as a Jubilee messenger to write to the University of Nairobi requesting information regarding an alleged recall of Kethi’s Master’s degree certificate which they claim was irregularly awarded to her.

This is contrary to Kethi’s response that her certificates are genuine and she acquired them due to her excellence in law school. Kethi has a recognized master degree in law from the University of Nairobi.

That is why some Kenyans are challenging Ndetei and other Narc party officials including Charity Ngilu who is now coming up with Kethi’s degrees issues that they should be honest, where were they all that time? If the claim is true then they were a party to it. The good thing is that Kenyans are not fools.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
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Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ UN Disarmament Conference, 2002

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