Category Archives: Elections

More of the same or dawn of a new era in Zimbabwe?

From: This is Africa

Greetings friends,

It’s election time in Zimbabwe and the turnout is high. Are the elections “free and fair” this time, as President Mugabe claims, or are the polls a “huge farce”, as stated by Prime Minister Tsvangarai? We’ll be much the wiser by this time next week, but until then we invite you to join TIA from tomorrow night (7pm local time) and for the next few nights as we bring you live video reports from the streets and from our studio in Harare where we’ll be discussing all the important incidents and issues relating to these elections. The video reports will stream right from that top spot on our homepage.

In the meantime, sit back and relax to one of our radio streams as you enjoy the rest of this update.

Peace.

Siji Jabbar (Editor, This is Africa)

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

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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
Facebook-omolo beste
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

Kenya: UHURU says OBAMA and CAMERON recognize him and RUTO as duly elected President and Deputy.

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From: maina ndiritu

Friday July 12, 2013 – President Uhuru Kenyatta has once again reiterated that his Jubilee Government is legitimate, and that him and Ruto are the duly elected President and Deputy President respectively.

Responding to questions from media editors, during a breakfast meeting at State House this morning, who sought to know his relationship with the West especially US and UK, considering that US President Barack Obama skipped Kenya on his 2nd tour of Africa, Uhuru noted that Obama and Cameroon both recognize the legitimacy of the Jubilee Government and that’s why they have never closed down Kenyan Embassies in their countries.

“I have not seen any single nation refuse to acknowledge the fact that we were duly elected by the people of Kenya and neither have I seen any Kenyan Embassy closed down,” said the President.

However, Uhuru noted that he will only engage with nations where Kenyan interests lie to spur the economy of the country.

—
Why should we not all live in peace and harmony ? we look up the same stars
, we are fellow passengers on the same planet and dwell beneath the same
sky , what matters it along which road each individual endeavours to reach
the ultimate truth ? the riddle of existence is too great that there should
be only one road leading us to an answer
*
*
*
QUINTUS AURELIUS SYMMACHUS
*

KENYA: DID A MILLION GHOSTS VOTE? DOES IT MATTER?

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From: Paul Adhoch

From: “padhoch@ . . . ”

Weelllll
DID A MILLION GHOSTS VOTE? DOES IT MATTER?

Source: the-star.co.ke

Last Thursday, The Star published a seemingly innocuous piece titled ‘IEBC wants Political Parties Act amended’. The amendment, the report explained, was because the IEBC is now considering changing the way of “calculating funding for the parties”. Currently, the Act ‘provides that political parties’ funding should be computed on the basis of election votes. The new proposed formula is based on the number of elected representatives that each party has.

IS KENYA READY FOR SOONER PRESIDENTIAL ELECTIONS

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From: Nyambok, Thomas

IS KENYA READY FOR SOONER PRESIDENTIAL ELECTIONS BEFORE APRIL NEXT YEAR IN 2014? BECAUSE OF THE CORRUPTION

THE HAGUE: THE ICC MUST NOW PROOVE TO THE WORLD THAT THEY CAN HELP THE POOR AFRICAN CITIZENS WHO LACK JUSTICE FROM THEIR SUPERIOR GOVERNMENT. WHO WILL BE CHARGED IF UHURU, RUTO AND JOSHUA ARE FOUND NOT GUILTY?

ICC SHOULD NOT TAKE THESE CASES BACK TO KENYA OR TANZANIA. IT WILL SHOW A WEAKNESS ON THE ROME STATUTE AND KENYANS’ TRUST WILL CEASE.

The innocent Kenyans want the International Criminal Courts to take this matter of Kenya very seriously otherwise the poor will be harmed seriously. The court facility to be used for these people must be in Hague as it was before the AU made this issue as their main agenda. For ICC to change their tactics because of the AU deliberations leads to a disaster. There will be no respect at all to the International Criminal Court system. ICC judges should not bring this matter to Kenya. Africa, NO, Not again?

Kenyans let us not therefore, trivialize the Rome Statutes and the opportunity they offer to tame rogue human rights abusers in Africa, including our presidents. More importantly, Africa now has a window of opportunity to establish democracies, which, over time, will be mature enough to protect the ordinary Africans against such human rights’ abusers and this window may, however, get closed if we turn our back to the promotion and defense of human rights within the Rome Statutes.

You have noticed most African sitting presidents gunged together recently trying to use this platform for defending Uhuru Kenyatta. The intention was not to absolutely defend Kenyatta, they are trying to defend themselves because they know if the ICC succeeded with the Kenyan’s case, then next will be them, however, the public is in the know.

THE DEPUTY PRESIDENT TOLD THE ICC JUDGES THAT HE AND THE PRESIDENT UHURU KENYATTA WILL FACE THE COURTS TO THE END.

That they are aware of their responsibility to the court as an individual and they will cope with the ICC. Can AU give Kenyans a brake? The gentlemen say they are innocence, as they believed in the rule of law but how many people hold the Bible with their right hands that everything they say are true and then latter they are found guilty? It is not easy to trust human beings.

The masters of the Jubilee’s administration are facing trial to The Hague’s Courts where by the former permanent secretary from the office of the president Mr Muthaura Will still be recalled back to Hague because he has some questions to be answered by himself.

The type of Crocodile tears of the AU members going round campaigning about the ICC is as the venom of the black snake. Follow the former presidents with genocide cases on their hands. The new ones also have very dirty hands in the Judiciary. Judiciary is like their own bedroom where they control Government.

Mr Kimemia must tell all Kenyans why he sold the Kenya’s land in Japan Tokyo when he was the Foreign Affairs permanent secretary. Kenyans believe this is not acceptable, having the same thieves being grouped together to start looking for the loop holes where they will start looting tax payers money for the next presidential elections?

Mr Kimemia must tell Kenyans in broad day light about the alleged death threats on the Chief Justice Mutunga, and his harassments at the airport? It is sad to have presidents without control. In which African country does a president go to court as an accused person and receive any semblance of a fair trial? The African courts are like their president’s bedroom. Who can expect African president to be accused of human rights abuses? Who can take them to their own courts and get a fair hearing? Whoever tries would be dead without a trace.

How will a judge who is appointed and sworn in by His Excellency the president, the president of the country, just think about initiating the process of taking a president to court, that judge will be found dead even before contemplating the beginning of such a trial. Check the records of the former Kenyan Presidents – innocent people have been killed, commissions of enquiries have been set using money belongings to the poor tax payers, and no report was produced – absolute window dressing.

THE TRUTH JUSTICE COMMISSION AND THE CONSTITUTION REPORTS ARE IN JEOPARDY BECAUSE SOME HIGH LEVEL PEOPLE ARE BENT TO DESTRY THE IMPLIMENTATION OF THE TRUTH, JUSTICE AND RECONCILIATION REPORTS.

The truth, justice reconciliation commission reports and the constitution is in jeopardy.

Dr Kibara reported that the Treasury had not allocated any money for the Implementations of the Truth, Justice and Reconciliation Reports yet the law is clear that the recommendation ought to be implemented to ensure healing in the county. The Attorney general’s office should face Parliament and the Treasury as quick as possible.

PARLIAMENT: The MPs and the committee should meet at the parliament building to make sure that the Treasury gives out the money accordingly as the law stipulates and according to the recommendations. The killers of Dr Robert Ouko are still living good lives but now we got them. How about the person behind J.M Kariouki’s assassination? How about land grabbers, and the two genocides appropriated by the immediate the two former retired presidents of Kenya.

President Uhuru Kenyatta must make sure that the Treasury gives enough money to make sure that justice is followed accordingly without impunity. Kenyan’s are waiting to see the truth and the culprits brought to book. Kenyan jails are filled by the poor.

We are asking the sitting president to show the good example of going to stand at the docket facing the judges in ICC, you will be the man.

Remember the “post-election violence victims whose lives and property were destroyed, they deserve justice, and truth. Children and the innocent citizens were hacked, slashed, beheaded, raped and killed. Well, the retired presidents kept silent, they kept the secrets with them too – these problems started from 1963 when Jomo Kenyatta was in power.

Remember the full eight tons of Lorry’s carried dead children to the morgue. Those children went through hell. Their loved ones feel horrible. The appropriators of the genocides are enjoying tax payers’ money.

The genocides were planed, and hatched at the State house Nairobi. They were well arranged, well organized, and well executed before the 2007/8 presidential elections. The warriors, (mungiki) were ready because Kibaki knew and planed very well with his administration about rigging in advance.

Let us cast our minds back to early 2007/8 as was witnessed on Nairobi-Nakuru road where innocent passengers were being pulled out by some public transportation by rugged militias (Mungiki) who proceeded to hack them to death while state security personnel watched. The video tapes are there, and are instantly available to our so-called Kenyan’s law enforcement agencies.

The vehicles used were with full registration numbers and the lapel service numbers. The facts speak for themselves in Africa as well as in Kenya. There is no trust worthy judiciary system that can fairly dispense justice when very powerful people are accused of rights abuses.

As President Uhuru Kenyatta has been mentioned in the Land corruption and death of innocent people, Kenyan’s are tired of looters and killers. He should leave the office for further investigations because people can’t believe him to be their leader. He is a corrupt president. If ICC can sit back then, Kenyans will feel the heat. The killings will be going on as usual. There has never been any trust within State house since Independence in 1963.

The referendum: Kenyans shouldn’t try to get out from the ICC The Hague is there for the common citizen. The corrupt people want it to be scraped off.

Uhuru Kenyatta, Ruto and Joshua have been mentioned and they are suspects. Should they be found guilty, then Kenyans should be ready for another election. And what will happen if some of them are found not guilty while others are guilty? How about if all of them are found guilty? Where will they be detained?

The former President Arap Moi and his predecessor the former President Mwai Kibaki should be held accountable for the innocent lives that were lost through killings. These two people should be taken to court directly without Impunity.

The ICC should call these two former Presidents to Hague as the Supreme Suspects and as the Supreme culprits. They should not be enjoying their goodies they got from the dead’s Taxes.

REFERENDUM: Referendum is the only way for Kenya to avoid being removed from The Rome Statute: Tom Nyambok 6/10/2013

Zimbabwe: Robert Mugabe: from irredeemable villain to benevolent statesman?

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from: This is Africa

Greetings fellow travellers and culture vultures,

Could Robert Mugabe be mellowing with age? Or are his more recent media excursions part of a clever PR campaign? Zimbabwe’s presidential elections are but weeks away, after all. That said, Mugabe has never cared much about PR in the past, so why now? We hope our attempt to answer these questions gives you something to chew on.
http://funx.dmd.omroep.nl/x/c/?Hc2LDcIgEADQVVjgxLamFRNGcIgrvQIJv8AZ4vTYOMDLM3qaR9RPtY2q53VZR9DTY1HDacdcXlL23m.sfPMNz_oN3iLJXHzyOcmDGH2Qk1L3Tda8U2WIH4s7QYNSwWAs6G0CdgSVTMCIfEHIJyAEsmi_49DvPxEgWo50XckKzsI46iKnHwA48

Enjoy the rest of this update.

Peace.

Siji Jabbar (Editor, This is Africa)

KENYA: CLAIMS ARE MADE THAT DEAD PEOPLE CAST THEIR VOTES IN KASIPUL CONSTITUENCY DESPITE SERIOUS OBJECTIONS RAISED AT TIME BY ASPIRANTS.

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Writes Leo Odera Omolo

SEVERAL dead people were reported to have their votes casted and their names ticked off in the voters registration as having duly voted on March 14. 2013.

These are some of the complaints lined up as evidence of the irregularities during the violence marred election by a petitioner seeking or the nullification of the election of the MP for Kasipul Joseph Oyugi Maguwanga.

The petition which is before the Homa-Bay High Court is filed by the election loser Charles Ong’ondo Were.

According to the detailed account of the allegation contained therein the petition paper, the petitioner had submitted copies of the government issued death certificates as well as the burial certificates to confirmed that the two voters whose names are featuring prominently in the petition paper had died, but the presiding officers had allowed their names to be ticked off as if they had come back from the dead and voted on March 14, 2013.

Were said, he believed that more dead people and ghost voters could have participated in the elections on the polling day. His effort in alerting the Provincial administration of these irregularities had hit the rock. The area D.C. is reported to have instructed the Location chiefs not to co-operate with those seeking the official document about the dead people within the constituency.

The death and burial certificates are being accompanied by affidavits sworn by he petitioner and the family of the decease persons as well as the local administrators.

Maguwanga had squeezed narrow victory over Were who has since moved to court seeking the nullification of the election an also recounting o the votes cast during the process.

Ends

KENYA: RAILA ODINGA WAS RESPONSIBLE FOR MY ELECTION FAILURE SAYS ODUOL

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By Agwanda Saye

A petitioner has blamed his defeat during the Siaya Gubernatorial race on former Prime Minister Raila Odinga.

Dr William Oduol told Justice Aggrey Muchelule that he could have won the seat had Odinga supported him.

The petitioner told the court that Odinga instead opted to support his rival Rasanga Amoth who eventually won the race.

Dr Oduol said that he was apprehensive that he could not be given the ODM certificate during the party primaries.

He told Muchelule that he opted to quit the ODM party after Gem Mp Jakoyo Midiwo said that the party has its owners.

The petitioner said Midiwo went on a propaganda campaign against and even ejected him from a tallying centre in Gem using youths

Oduol said in his evidence in chief that he decided to join the NAPK after he learnt that the ODM slot had been reserved for Dr Oburu Oginga who was also eyeing the seat.

Earlier Dismas Wakla for the petitioner and his colleague Richard Kwach pointed out to the court that both Oduol and Rasanga garnered more votes than CORD presidential contender Raila Odinga in Bondo who was vying for the presidency.

He said ODM enjoys fanatical following in Luo Nyanza but there is way the people of Bondo could have voted more than Odinga who wanted to be the fourth president of the country.

Wakla said there was massive ballot stuffing in Rarieda, Gem and Bondo in favour of the Amoth, the third respondent.

He called for vote scrutiny or a recount in Siaya County.

Gumbo argued that the IEBC had only 18 months within which to prepare for the general elections amidst extreme difficult circumstances which should be understood by the petitioners.

He said grounds raised by the petitioners are based on generalities from the bar.

The respondent through lawyer James K’Opot said the third respondent can be held accountable for mistakes committed by the IEBC.

He argued that a free and fair election does not necessarily mean a win for the petitioner.

ENDS.

Kenya: Supreme Court Struggles With Written Opinion In Dismissed Raila Petition

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from: Samuel Omwenga

http://omwenga.com/2013/04/12/supreme-court-struggles-with-written-opinion-in-dismissed-raila-petition/
Supreme Court Struggles With Written Opinion In Dismissed Raila Petition

I have learned from a reliable source the Supreme Court has been struggling to put together a written opinion not so much so to convince us Kenyans that their decision was right but to avoid being viewed with disdain among the international jurisprudential community.

The Court’s primary concern is having been recently heralded in both Kenya and in international circles as an emerging model of African jurisprudence operating in an independent environment without interference from outside, that notion is on balance and how the court explains its decision will determine whether that notion still holds or not.

In other words, whether the Court is deemed to be finally independent and judicious all depends on its written opinion, an opinion I have also learned from a different source will be issued on Tuesday.

There are a number of factual contradictions flying in the face of the Court’s decision that the Court must convincingly explain but one that stands out the most, is the Court’s own re-tallying which clearly shows inflation of votes in Jubilee strongholds and deflation of votes in Cord strongholds.

Although the numbers evincing this was small in the pre-decision partial results for the Court to get away with dismissing as “insignificant,” which is laughable, anyway, as each vote counts, it is believed the final results of the Court’s own ordered re-tallying shows an inflation and deflation of numbers the Court cannot possibly dismiss as insignificant and thus the reason many are dying to see what the explanation is.

I can confidently state based on what I know there is no explanation the Court will provide that can make sense even to those propagating it.

But something must be offered as an explanation and what that is is what we await knowing it’ll have a direct bearing on the Court’s credibility as the final arbiter of justice in our beloved country.

Peace, Unity and Truth

Omwenga

Kenya: Stealing of presidential votes for Uhuru Kenyatta was the easy part

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By Gordon Teti

Stealing of the presidential elections for Uhuru Kenyatta was the easy part. Kenya and Kenyans have moved on from the days of Jomo Kenyatta and Moi regimes when a president would dictate to the ordinary Kenyans and their elected leaders. The elected Governors in the 21st century will not allow to be dictated upon like we saw Kibaki lecturing them like idiots. They walked out in protest; all of them irrespective of political parties.

The next phase of the liberation movement following the rigging of Uhuru Kenyatta to the presidency, which involves the implementation of the devolution clause in the new Kenya Constitution will be a defining moment for those who believe that Kenya must move FORWARD.

My fellow Kenyan citizens, given what we saw in Naivasha during the induction of the newly elected Governors, CHANGE IS COMING TO KENYA.
WATCH the VIDEO:

KENYA: POLICE BAN DEMOS A HEAD OF RULING

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From: Judy Miriga

Good People,

My worse fears is, in 2007/8 the police were found to have been in the offense and a big number of those murdered, were innocent people who were killed from their houses.

This kind of statement is worrisome and it causes lots of fears. Without police reform, and with this kind of public warning, police cannot be trusted where police is suppose to provide security of all……….

The world, more specifically President Obama with UK Prime Minister, David Cameron, should keep a closer watchful eye from any provocation and make sure that Kenyans stay safe from any attacks in the eventualities of Supreme Court Rueling and that, there is no repeat of 2007/8 casualties.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – – – – – – – – – –

— On Fri, 3/29/13, Fred Osewe wrote:

From: Fred Osewe
Subject: POLICE BAN DEMOS A HEAD OF RULING
Date: Friday, March 29, 2013, 11:28 AM

“Calmness” is a word that has over and over been misused in Kenya, in the recent past, by both that meant well- and- evil for the nation. Least of all top in the list, of those that should not use this word are, Kibaki and Uhuru. For one, Kibaki started the lawlessness path, Kenya, happen to find itself in today- in 2007/08 by working with the now disbanded ECK to manipulate elections results, thereby stealing Kenyans their Sovereign right, only for later, to in an extremely lawless way, swear himself to power at the statehouse at midnight, an act which for external intervention, to restore back peace in Kenya, Uhuru has not only with the help of IEBC repeated the same, this time round, but has moved even a step further to assume the role and powers, of the presidency, in an even more disputed election, in total disregard of the law. What now remains, to be addressed, is whether or not the law, will come out in full force to protect Kenyans. Or Kenyans to restore law in the best way they know how! And looking around, Kenyans taking care of the forces personnel that violate their rights is not just a common thing, but is as well on the increase. And reaching, Kibaki, Uhuru, Kimaiyo and the rest, will be the easy part!

In politics, if you want anything said, ask a man- if you want anything done ask a woman.

From: Maurice Oduor
Sent: Friday, March 29, 2013 8:37 AM
Subject: POLICE BAN DEMOS A HEAD OF RULING

I would advise all Luos who live in heavily Kikuyu areas to not stay home on Saturday. The Kikuyu anger on Saturday will be unbearable.

Courage

On Fri, Mar 29, 2013 at 9:23 AM, fred O aboge wrote:

old habits die hard! The new constitution protects the right to demonstration! This is just as illegal! As long as demonstrations are peaceful orderly and no one is rioting, they have no business “banning” demos!

On Fri, Mar 29, 2013 at 8:09 AM, Samuel Omwenga wrote:

People are starting to lose it even before the Supreme Court makes it official March 4th elections were rigged.

Let’s just hope they confine their anger to these forums and not on the ground.

Peace, Unity and Truth
Omwenga

On Fri, Mar 29, 2013 at 9:06 AM, Timothy Kihara wrote:

I totally agree they know as :

They know the idiots who think other proples property to be polling station to burn!

They also know the kings and queens of demonstration

They also know the tin gods of lies and distorters of truth who will cry the decision was hacked and changed before reading!

They also are privy to the foreign master’s warning who have realised their stooges might go no where come Saturday’s ruling despite insisting rejected votes be part of tallying!!!

Take kidero’s miserable advise – buy helmet if you intend to go near SC kesho.

Ukivaa ile ya mkeka kama unaenda city stadium ama nyayo usilaumu mtu more so yours truly.

Enjoy your Friday.

On Mar 29, 2013 3:42 PM, “Joseph Lister Nyaringo”

wrote:

What is behind the banning of demos by police a head of Supreme Court ruling where they have cited hot spots in the Country? Is this a reflection of being privy to the likely court ruling? Just a thought.

Joseph Lister Nyaringo – North America
www.listernyaringo.org
http://listernyaringo.blogspot.com/

In prosperity our friends knows us; in adversity we know our friends.
John Churton Collins

Lawyers: Vote re-tallying revealed discrepancies

Updated 3 hrs 21 mins ago
By Standard Digital Reporter
Nairobi, Kenya: The re-tallying of votes from 22 polling stations and an audit of all Forms 36 used in the March 4 election revealed errors that were disclosed to the Supreme Court on Friday.

Lawyers representing electoral officials immediately dismissed these “clerical errors” as insignificant to the final outcome.

Lawyers representing petitioners said the scrutiny revealed there were ten missing Forms 34 out of the 18,000 looked at in the re-tally. There were also errors in some of the Forms 36 used to declare results at the national tallying centre.

Form 34 is the statutory Declaration of Results at Polling Station in respect of the Presidential Election. Form 36 is the Declaration of aggregated tally of Results in a Constituency/county in respect of Presidential, National Assembly, County Women Representative, Senator, Governor and County Assembly Representative elections.

Lawyer Kethi Kilonzo, representing Africog, singled out Laikipia West constituency where the team said they got two Forms 36 hence “were not able to verify the votes cast”. Uhuru got 70,760 votes in the area.

She took issue with the fact that ten Forms 34, all for polling streams in different constituencies, were not provided to the scrutinising team.

“Under article 138 (4) a candidate must meet two thresholds of getting more than 25 per cent of votes cast in more than half of the counties and 50 percent plus one of the total votes cast,” she added. “The IEBC were under responsibility to tally and verify all 33,400 polling stations. The formula is mathematical and the constant is ‘all votes cast’. If there are Forms 34 missing, where are they and what are the results of those?”

She pointed out that the results were compiled by March 5 adding: “Even if returning officers were walking to Nairobi they would have reached by now,”

She said the IEBC made a decision to announce the winner without completing tallying from all polling stations.

“Even if it was one polling station, the chairman could not announce the results without that form in his hand,” she added, “In the 10 constituencies can the court state with certainty what the results were?”

She said with the results of the scrutiny ordered by the court, the judges should ask if the constant formula of tallying all votes cast had been used.

She asked the court to decide if the IEBC carried out its mandate as required by law and whether its declaration of winner should be upheld.

Lawyer George Oraro representing Prime Minister Raila Odinga said there were grave errors in Forms 36 from seven constituencies. He said in some instances, there were two Forms 36.

He said there were “huge discrepancies” in the Forms 36 used in the final tally of presidential results and added Uhuru Kenyatta could not have garnered the 50 per cent plus one vote based on the errors.

But the Independent Electoral and Boundaries Commission through lawyer Nani Mungai said the discrepancies in Forms 34 and Forms 36 were explained by Returning Officers in affidavits filed in the case.

Lawyer Fred Ngatia for Uhuru Kenyatta said there were clerical errors across the country but added they were not substantial.

“Voting, counting and tallying of the presidential election was done to a substantial degree of accuracy,” he said.

Lawyer Katwa Kigen representing Deputy-president elect William Ruto said the elections were conducted fairly.

“The elections were conducted by humans and humans commit errors, mistakes and oversight but in this case they are insignificant and do not suggest malice or collusion,” he said.

Chief Justice Willy Mutunga said they have retreated to write the judgment and will deliver the ruling on Saturday

Police ban demos ahead of court’s ruling

Inspector General of Police David Kimaiyo addresses a press conference in Nairobi on March 29, 2013. He is flanked by Samuel Arachi. PHOTO / ANN KAMONI

By JOHN NJAGI jnjagi@ke.nationmedia.com
Posted Friday, March 29 2013 at 13:44

Police have vowed to crackdown on planned demonstrations across the country ahead of Saturday’s ruling by the Supreme Court ruling on an presidential petition filed by Prime Minister Raila Odinga.

Inspector General of Police David Kimaiyo said they are aware of people who plan to hold demonstrations regardless of how the Supreme Court rules on the petition.

The police have consequently banned any assembly outside the premises of the Supreme Court on Saturday and instead urged the public to follow the proceedings on television.

“This should not be construed as denial of right to association, but a precaution to ensure criminal elements do not hijack such demonstrations to engage in lawlessness,” he said.

Mr Kimaiyo, in a security briefing at his office, cited Nairobi where supporters of both the Coalition for Reforms and Democracy (Cord) and Jubilee Coalition plan to converge outside the Supreme Court when the judges will be reading out their ruling.

According to the Inspector General, the planned demonstrations are being co-ordinated by non-governmental organisations.

Mr Kimaiyo advised NGOs seeking to engage in demonstrations to first seek police security.

Katiba La Mwananchi is one such organisation that has been warned not to engage in demonstrations, because it lacks the capacity to ensure security of its members and ward off criminals who may take advantage of the occasion.

At the same time, the police boss said they have gathered evidence on some people who are distributing pangas, simis, machetes and clubs in parts of Kibera, Mathare, Dandora, Kariobangi and some parts of the Coastal region.

“We also wish to advice leaders issuing statements that are tantamount to incitement, hate speech and negative stereotyping to desist from doing so. We have noticed increased polarization of the country emanating from such statements and some are done through social media and those perpetuating this know themselves,” the police boss said.

Poll was a fraud on voters, argues lawyer

“They (IEBC) conducted the elections in total contravention of the constitution and their own regulations” Kethi Kilonzo, AfriCog lawyer. Photo/BILLY MUTAI NATION MEDIA GROUP
By PAUL OGEMBA pogemba@ke.nationmedia.com AND JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Wednesday, March 27 2013 at 22:30

Videos were among the evidence presented at the Supreme Court on Wednesday in a petition challenging the election of Mr Uhuru Kenyatta as Kenya’s fourth President.

Two petitioners, Prime Minister Raila Odinga and the African Centre for Open Governance (Africog) laid out what they said was evidence that Mr Kenyatta was not validly elected as the hearing of the petition proper began.

Africog was the first to present its case. It alleged massive irregularities, contravention of the Constitution and violation of electoral laws by the Independent Electoral and Boundaries Commission (IEBC).

Through its lawyer, Ms Kethi Kilonzo, the civil society group showed videos of results announcement at Nyeri and Bomet counties tallying centres which Ms Kilonzo claimed were different from the final results announced by the IEBC and captured in Form 36.

“What the Independent Electoral and Boundaries Commission announced as the final presidential tally was a complete fraud since the effects of the irregularities were that what candidates got was not what they ought to have got,” she said.

For Nyeri, the organisation played a video in court in which the county tallying officer read the final results showing Mr Uhuru Kenyatta having 317,881 votes with his closest challenger, Mr Raila Odinga, getting 6,075 votes.

According to Ms Kilonzo, the final tally by IEBC showed Mr Kenyatta’s votes as 318,880 while Mr Odinga’s votes were given as 5,638. The rejected votes went down from 3,030 to 2,465.

“Form 36 presented by IEBC is filled by fraud against every individual who queued for hours to vote for their preferred candidate and the only logical solution would be to invalidate the results of the entire county,” Ms Kethi said.

“Every man or woman is entitled to one vote but the end of the IEBC conduct did not justify the means. They conducted the elections in total contravention of the Constitution and their own regulations which cannot lead to a legitimate government,” she said.

Ms Kethi gave another example of Machakos Town constituency where she alleged that the IEBC register had only 125 voters registered without biometric information but the final results showed a total of 3,182.

The court was also shown another video from Bomet County, which Ms Kilonzo claimed, showed the final presidential votes tally pinned on the wall at a tallying centre differing from the one announced by IEBC and indicated on Form 36.

Said Ms Kilonzo of another centre, Charity Primary School in Kieni constituency: “The principle register… had only one registered voter, but the result shows Mr Kenyatta got 310 votes. Even the returning officer did not indicate how many registered to vote or the results of other candidates”.

She added that the IEBC cannot say it did not break the law since it went against its own promise to deliver results within 48 hours, adding that the electronic transmission failure was IEBC’s own making to enable stealing of votes.

“We cannot understand the mischief behind the system failure since it was not for the benefit of the commission but for the people of Kenya to ensure a free, fair and transparent election,” Ms Kilonzo said.

Should the Supreme Court find the election was bungled, Ms Kilonzo argued that the judges should order the Director of Public Prosecution to investigate and prosecute those involved in committing electoral offences.

The formal hearings begun with the judges announcing that they had distilled all the issues presented by the lawyers, who couldn’t agree on what the judges should decide, and condensed them into four.

The first Issue is whether Mr Kenyatta and William Ruto were validly elected in the presidential election.

Second is whether the presidential election was free, fair and transparent and in compliance with the law.

Third is whether the rejected votes ought to have been considered in calculating the final percentages.

The final one is what orders the court should make after determining the three issues.

Oraro: Report confirms elections results doubtful

Updated 1 hrs 53 mins ago
By Wahome Thuku
Nairobi, Kenya: Prime Minister Raila Odinga says the scrutiny of results initiated by the judiciary has confirmed his cases that there were massive discrepancies in the tallying of presidential elections.

His lawyer George Oraro asked the Supreme Court to use the report to find that the elections results were not credible.

“You can’t rely on results as provided by the IEBC because even from exam of 25 polling stations you have variation of 3,347 additions between form 34 and 36,” Oraro told the court.

Oraro pointed out that the report did not throw a lot of light in this scrutiny since not all forms 36 had been scrutinized.

Raila asked the judges to consider the scrutiny as override all other submissions in the cases since it had been initiated by the court itself.

There were grave errors in documents from several constituencies.

Some had two forms 36 and others had varying number of voters yet others had incomplete numbers, Raila argued.

The PM said no re-tallying had been done on report of the 22 polling stations which they had raised issues with.

The scrutiny was based on the registered voters in the principle register provided by the IEBC.

“Even after the registers were closed there were still registrations of voters. No green book or special register was produced in court,” Oraro claimed.

He noted that according to the report forms 34 were missing from 10 polling stations.

“Neither ourselves nor this court have been provided with these form 34,”

He added, “You have remarks of more voters than those registered irrespective of where you are looking at.”

He said if the variances were considered the results would be that the winning candidate would not get 50 per cent plus one votes.

Kenya: The recent election has created political leadership vacuum in the South Rift

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Reports Leo Odera Omolo In Kericho Town.

The recently concluded general election in which the euphoria of the URP party swept the board in the South Rift like a tsunami winning nearly all parliamentary, senatorial and governorship positions has created a new political dimension in the South Rift region of the expansive Rift Valley Province.

IT has created a new political dimension among the members of the most populace Kipsigis sub-tribe of the larger Kalenjin ethnic groups. It has also created what the political pundits have termed as vacuum political leadership in the agriculturally rich region.

For many years ever since KADU a political party that was involved in s cut-throat competition with the ruling KANU during the pre-independence and post-independence era voluntarily dissolved itself soon after independence in 1963 and merged with KANU.

The Kipsigis land has ever since steadfastly remained under the grip of the ruling KANU. However, the miraculous turn of events occurred during the 2007 general election when the former Kipsigis political kingpin, the late Donald Kipkemoi Kipkalya Kones, the longer serving cabinet Minister under the Moi KANU regime rebelled and teamed up together with the influential Deputy Chief of the General Staff of the combined armed forced of Kenya, Lt. General John Arap Koech and changed the political land-map of the region.

The two forcefully introduced the ODM and its leader Raila Amolo Odinga in the region against the vehement opposition from the pro-Moi die-hard elements. The two criss crossed the full length and width of the region and vigorously campaigned for the ODM, which in turn clinched all the eight parliamentary seats in the South Rift.

Kones retained his Bomet parliamentary seat and was appointed to the Ministry of Works slot in the PNU / ODM coalition government. Unfortunately Kones perished in an aircraft mish up together with the former Sotik MP Miss Lorna Laboso.

Raila Odinga then appointed the colorless former State House Comptroller and businessman Franklin who succeeded Kones at the Works Ministry. Bett, however, lacked the political masterly and magnanimity of the Kones caliber. Under Bett’s stewardship, the former Eldoret North MP William Ruto who had fallen out with the ODM and Odinga began fishing out the party MPs one by one and at the time of March 4, 2013 general election it was only better and the youthful Kipkellion.

The man who should have taken over from Kones had left is Zakayo.K Cheruiyot the current Kuresoi South MP elect. He had served in a powerful position of the PS for the International Security in the Office of the President under the Moi regime.

However, Cheruiyot who is highly respected in Kipsigisland is a man who did not cherish controversies. He is always shying away from controversial political issues, most of the time preferring to concentrate on his own expansive businesses and farming empire. He is arguably the wealthiest Kipsigis man.

Heruiyot the son of an assistant chief in the colonial era the late Mzee Daniel Arap Komuilong from Kapsuito near Litein runs an ultra dairy farm in Kuresoi, several large scale tea farms, sugar cane farm in Kimwani area near Songhor, a wheat farm in Njoro a mixed maize farm in Trans-Mara, and a horticultural farm in Kitengela near Nairobi.

He has also established an ultra modern ICT commercial college in Litein town and sent most of hi spare time supervising his own business and as such shies away from intrigues of local politics.

The politics of the South Rift region has had along history of intrigues. This could be traced back to the days of the late Dr Taaitta Araap Towett, the early Kipsigis nationalist who dominated the politics of the Kipsigis land ever since 1958 when he first won the election to the colonial Legislative Council as the member for Southern area. Towett and his team won all the four seats in the national Assembly. However, Towett resigned his Buret seat when KADU dissolved itself and merged with KANU arguing that since he was elected on KADU ticket he must go back and consult the electorate and seek for their permission.

IN the consequence by-election that followed, Daniel Moi sponsored a primary school teacher in the name of Alexander Arap Bii who consigned Dr. Towett into premature political retirement. After Towett’s defeat it was the late Ex-Senior Chief Cheborge Arap Tengecha who led a group of ex-chiefs, councilors, missionaries and local leaders to the late President Jomo Kenyatta and to presurerize him to appoint Danile Arap Moi his Vice President, though man believed Dr. Towett had already been tipped for the veep job.,

Toweett regained his seat three years later, but while serving as the Education Minister, he was confronted by Moi at a public rally in Kapkatet and forced to vacate his Buret seat in order to give way for the entry of Prof .Jonathan Ng’eno into parliamentary politics.

At the moment the power politics of the South Rift is gravitating between Isaac Ruto and Charles Keter. The two are staunch supporters of Ruto, but at times acting as protagonists when it comes to local political derby.

In the 2007 there were only eight constituencies in both Kericho and Bomet Counties, but during the March 4 general elections four more constituencies were added. These were Sigowet in lower Belgut near Sondu and Kipkellion West in Chilchila area, Bomet and Chepalungu. This can now give the region a total of 12 parliamentary strength, plus two in Kuresoi South and Kuresoi North in Molo.

Ends

See photos of the swearing ceremony of the Kisumu Governor Jack Ranguma with Bishop Dr Washington Ogonyo Ndegfe and the chairman of the Luo Council of Elders Willis Otondi.
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Kenya: Votes Re-tallying Ordered

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From: Judy Miriga

Good People,

IEBC is accused to be opaque and it seems they are applying the same on the flow of the Court. They seem to be blocking supportive affidavit of the same petition. The affidavit of petitioners given is understood to be explaining in answer to questions that arose on the flow where the petitioner is forced to provide more information to be understood. Additional information of facts arising therefore is also not a crime Oraro explains to Ngatia and that does not mean that the affidavit is a new case petition. Oraro contributions does not seem to have contradicted Rules for engagement, it is observed.

Ms. Kilonzo offers determination that IEBC contravened constitution and law but is being obstracted by Ahmednasir to be opening a floodgate, and interjects that if one wants to open a floodgate then let it be open wide…….and a Judge on the bench with a statement that time-frame is of essence dismissing the matter to be discussed by the Counsel Although all top representatives were served with Ms. Kilonzos notice………….Wow…..!!! CJ Justice politely demands that Ms. Kilonzo present her case tomorrow.

This case is a public matter, CJ Mutunga keeps reminding the Counsel…..

Ruling will be delivered tomorrow on this matter.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – – – – – – – – – –

— On Mon, 3/25/13, Eric W. Mburi wrote:
Summary

The Cord response can be summarized into the following:

a) Inaccurate transfer and inflating of votes from Form 34 to Form 36:

CORD provides numerous examples of how the number of votes entered in IEBC Form 34 was changed when entered into Form 36. For example, in Mogongo Primary School polling station in North Mugirango Constituency the original Form 34 figure of 3 votes for Uhuru was entered as 236, an additional difference of 233 votes; Lemelepo Water Project polling station in Kajiado North Constituency shows that while Form 34 originally indicated 2740 for Mr Kenyatta, this figure increased by 264 votes to a total of 3004 in Form 36.

CORD also cites similar examples from Garsen, Igembe Central, Chuka Igambang’ombe, Manyatta, Ol Jorok, Mukurweini, Kabete, Kapseret, Tinderet, Tiaty, Kajiado North, Chepalungu, Konoin, Luanda, Funyula among others.

b) Inflating of votes for Uhuru Kenyatta in form 36 in the Final Tally:

An affidavit sworn by ODM executive officer Janet Ongera also presents cases where the Form 36 entries were further altered to inflate Uhuru Kenyatta’s votes in the final national tally announced by IEBC at Bomas of Kenya.

Quoting examples from Kisauni, Tigania East, South Imenti, Runyenjes, Mavoko, Othaya Nyeri Town, Kiharu, Lari, Kajiado West, Lurambi, Hamisi, Mr Elgon

Webuye West, Seme, North Mugirango among others, CORD exposes a “scheme of inflation” of Uhuru’s votes in the figures announced in Bomas.

Among quoted examples is Lari Constituency where results entered at the Constituency tallying centre and the ones announced in Bomas show an increase of 1,367 for Uhuru Kenyatta. South Imenti is shown to have announced 62,481 at the Constituency’s Form 36 and 63,271 at Bomas National tally giving Uhuru Kenyatta 790 additional votes.

In Kisauni, Uhuru Kenyatta gained an additional 528 votes. While Form 36 indicates 10,366, IEBC’s final tally at Bomas indicates 10,894. In Mt Elgon, Uhuru gained an extra 500 votes (Form 36 shows 28,786 while the Final Tally shows 29,286).

c) Reduction of Raila Odinga’s Votes

Raila Odinga’s votes were also reduced in Form 36 logs (Constituency results) in spite of Form 34 (Polling Station Results) indicating he had a higher number of Votes. Examples are attached from 38 constituencies where Raila Odinga’s results at the polling stations (Form 34) were tampered with and reduced when the final constituency results were lodged into Form 36.

The 38 constituencies include Kisauni, Bura, Matayos, Tigania West, South Imenti, Manyatta, Runyenjes, Kitui, Makueni, Mathira, Juja, Nyeri Town, Turkana Central, Samburu, Aldai, Tiati, Baringo Central, Laikipia West, Laikipia East, Kajiado North, Chepalungu, Mumias East, Shinyalu, Luanda, Emuhaya, Sirisia, Webuye West, Tongaren, North Mugirango, Othaya, Roysambu among others.

d) Use of Electronic Voting

In his reply, Odinga also states that

i. the use of technology in the elections was intended to act as a check and control system and its failure affected the results fundamentally.

ii. that the explanations given by the IEBC downplaying the failure of the system and its effect on the elections “takes the common intellect of the people of Kenya for granted”

iii. that the IEBC explanations about the failure of the system are not factual

Mr Odinga also has attached a sworn affidavit from an ICT expert whose testimony shows that the Kencall Relationship with IEBC and TNA compromised data management.

a) Kencall EPZ used a single IP address 196.1.26.40 for both the IEBC and Uhuru’s Kenyatta’s TNA. In its evidence CORD says Nicholas Alexander Nissbit (A Kencall Director) does not deny the fact that both the IEBC and TNA were hosted and operated on a single IP address as has been claimed by CORD. They also will provide proof that Kencall EPZ Limited, in reality was a call centre that was used as a gateway that linked the First Respondent’s database titled African Focus and accessed through the following web address or URL https://www.intranet.kencall/apps/iebc and The National Alliance (TNA) database known as Market Race CRM and accessed through the web address or URL https://www.intranet.kencall/apps/tna.

b) The IEBC by agreeing to this arrangement compromised the elections on the basis of requirements for a an impartial, neutral, transparent, efficient, accurate, accountable and verifiable manner.

e. IEBC System Failure Explanation – NOT FACTUAL

a) Claims made by the IEBC have no basis whatsoever as regards to alleged failure of the technology according to CORD’s expert witness affidavits. One expert describes the IEBC claim that the server failed as “entirely preposterous”.

b) CORD’s Spanish expert’s affidavit describes as either “pure fiction” or “entirely inconceivable” IEBC’s claim that the batteries of the hand held devises used at the polling stations for bio metric identification of voters either failed or were not charged or could not hold charge for a sufficient period of time

c) The CORD experts’ affidavits will also present evidence to show that IEBC claims that the transmission system failed due to data overload has no basis in technology terms in this day and age.

d) CORD also questions IEBC claims that their officers has forgotten passwords does not make sense as there exist mechanism in place for password reminder which standard technology industry practice as seen worldwide on social network websites like Facebook.

e) CORD will also present a sworn affidavit by an International Technology expert who states “This system in my personal knowledge, has the capability to deliver up the election result within a period of around 4 hours with very negligible error”.

f. Voter Registrar:

The Petitioner also contends that:

i. IEBC has failed to present a closed register for the March 4th Elections.

ii. IEBC resolve that “a special register is to be generated and will be used to allow the voters to vote” but never presented any proof or minutes of a meeting where this special register was finally approved and when it was gazette.

iii. A questionable voters register cannot be a foundation of a free and fair election conducted in accordance with the law.

iv. IEBC own staff and figures show incidents where IEBC allowed votes that exceeded the number of registered. This latter category of incidents include; Lomerimeri polling station in Tiaty Constituency where the form 36 itself shows 68 registered voters against 163 valid votes cast; King’atua Primary School in Lari Constituency where the form 36 itself shows 319 registered voters against 762 valid votes cast; Boroon Primary School in Marakwet West Constituency where the form 36 itself shows 218 registered voters against 228 valid votes cast.

CORD petition through various documents finally seeks to show that President Elect Uhuru Kenyatta did not meet the 50 + 1 threshold, and the declaration by IEBC was the result of inaccurate tallying and unwarranted additional votes

Ja’kamburi
2013/3/25 Maurice Oduor
Salaaaaaale !!!! Mtume !!!!

Huyo Mkuu wa Sheria ingefaa asuhusishwe humo kabsa !!! The Attorney-General Githu Muigai is Uhuru Kenyatta’s cousin. He is only there to help Uhuru and not to be objective in the process.

Courage

Supreme Court orders retallying of presidential poll results in 22 polling stations

The Supreme Court on Monday ordered re-tallying of the presidential results in 22 polling stations using Forms 34 and 36 so as to determine the numbers of votes cast over number of registered voters.

The exercise will commence on Tuesday from 8am.

In the ruling, Justice Smokin Wanjala said the retallying would aim to show if the number over votes cast exceeds the number of registered voters.

Justice Wanjala also ordered that the results from the 22 polling stations be filed at the Supreme Court registry by Wednesday 4pm after re-tallying.

The court also ordered that all the representatives and agents from the petitioners and respondents in the recount process to take an oath.

The court also approved the application by the Attorney General to act as ‘a friend of the court’ in presidential petitions but dropped the Law Society of Kenya (LSK) application.

The judges also consolidated three petitions and allowed the Cord petition to take lead.

Early in the day in his opening remarks, Chief Justice Willy Mutunga said the judges will be objective in its ruling on the petition.

“We as judges are servants of the law. We shall be objective,” he said.

“Supreme court to remain objective. Public should trust us to do our job. Justice should manifest to be done,” he added.

Dr Mutunga also urged Kenyans to accept the final decision that will be arrived at by the Supreme Court and move on.

“Whatever decision emerges from this petition, we must march forward,” he said.

While addressing the court, Attorney General Githu Muigai sought to be enjoined in the petition as amicus curiae or a friend of the court.

“We can only be enjoined in the case on the discretion of the Court,” said AG Muigai.

However, Mr Odinga has filed an objection to the Attorney General joining the presidential petition.

AG Muigai also argues that his appearance in petition is not to support any party but to lay down law as it is with authorities from across the globe.

“The AG’s role is to elucidate on legal issues, not to support any side,” he said.

However, IEBC boss Issack Hassan’s lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.

Lawyers Katwa Kigen and Fred Ngatia also have no objection to AG being enjoined in the petition.

Notably, lawyer Kethi Kilonzo for Africog argued that issues before court do not require an interpretation of the law to warrant inclusion of the AG.

However, Cord’s lawyer George Oraro argued that the AG has applied to be enjoined without request from the court or any party.

“The AG has misinterpreted circumstances under which he can apply to be enjoined in cases before court,” he said.

“An election petition is not a civil proceeding. The government is not defined in the Constitution but state is defined,” he added.

Mr Oraro argued that in relation to this petition the AG can be enjoined by the Constitution to to assist the IEBC.

However, AG Muigai disagreed with Mr Oraro and argued that the petition was a civil matter.

AG Muigai argued that as amicus curiae, his office will not impose views on the court hearing Cord’s petition against President-elect Uhuru Kenyatta.

“I have not advised the president-elect, contrary to claims by lawyer George Oraro,” he said.

Lawyer A.B Shah also lodged an application for the Law Society of Kenya (LSK) to be enjoined in the petitions before the Supreme Court as amicus curiae.

However, LSK faced opposition on its application to be enjoined as amicus curiae in presidential petitions by parties before Supreme Court.

Mr Oraro opposed the inclusion of the LSK in petition arguing that the society is partisan.

Lawyer Fred Ngatia representing Jubilee Coalition also opposed inclusion of LSK as amicus curiae the society was an observer in the General Election.

Mr Ngatia also argued that LSK is on record ‘supporting a petitioner.’

During the submission, political activist Nazlin Umar disrupted court proceedings for several minutes at the Supreme Court as she attempted to address judges over an application she had filed.

Ms Umar said as the “Wanjiku’s” lawyer, she was disappointed that her application has been ignored.

However, Dr Mutunga said that the Supreme Court will not hear or deal with any petitions, requests or submissions that were done past the allowed time.

Petition consolidation

During the submissions, Jubilee’s lawyer Mr Ngatia argued that a couple of preliminary issues had to be addressed before the hearing of the petition.

Also, AG Muigai advised the court to give the parties involved time to come up with a conclusive mechanism of what may be required for progress.

Mr Ngatia argued that the petition by Cord only raised one issue.

“The court should consolidate all the petitions and marry all the related issues raised by petitioners and respondents,” he said.

Lawyer Njoroge Regeru argued that the petitions consolidation were sensible and will lead to arguable case and speedy resolution.

Africog’s Counsel Keth Kilonzo also argued that matters of fact and matters of law should be consolidated to allow a reasonable suit.

However, Mr Oraro said the consolidation of the cases including respondent number three may not hold.

Mr Ngatia noted that petitions 4 and 5 had similar issues, contest and engagement and thus could be consolidated.

Lawyer Ahmednassir Abdullahi also argued that petition number 5 bore more weight than 3 and 4 and should be given preference.

Petition mutations

Mr Ahmednasir also asked the court to give directions on the type of petitions to be followed.

Mr Ahmednasir argued that his client, Mr Issack Hassan was concerned with continued mutation of the presidential petitions, hence, affecting its expediency.

Mr Ngatia also requested the court to give guidance on the petitions to avoid the mutations.

“There’s new evidence being introduced and this means the defence teams must be given time to respondents to all affidavits,” he said.

“There are 122 new electoral areas that are being introduced by the petitioner which bears grave consequences on time,” he added.

However, Mr Oraro argued that it is within the provisions of law to file new evidence as the hearing continues.

On his side, lawyer Harun Ndubi argued that the introduction of affidavits is important at any point.

The judges, led by Dr Mutunga, could either dismiss the petition, order a re-count of the presidential votes, settle on a re-run, or rule that the whole process begins afresh with the registration of voters.

The actual hearings of the petition are expected to start on Thursday and could continue un-interrupted until concluded.

Apart from the petition filed by Cord’s presidential candidate Mr Raila Odinga challenging the declaration of Jubilee’s candidate Mr Uhuru Kenyatta as winner of the presidential election, there is another filed by a civil society group, the African Centre for Open Governance (Africog).

Also before the court is a petition filed by some members of Mr Kenyatta’s campaign team, social media activists Dennis Itumbi and Moses Kuria and a third person, challenging the inclusion of spoilt ballots in the calculation of votes attained by each candidate.

The objections raised by Mr Kenyatta and Deputy President-elect Mr William Ruto, the Independent Electoral and Boundaries Commission (IEBC) and its chairman Issack Hassan, will also be narrowed down to what will be argued verbally in court.

KENYA’S PRESIDENTIAL ELECTION RESULTS DISPUTE IS CLOSELY BEING MONITORED BY TANZANIAN AND OTHER REGIONAL LEADERS

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Writes Leo Odera Omolo

INFORMATION emerging from the multiple sources in the Tanzanian city of Dar Es Salaam are all indicating that the majority of Tanzanian citizens are closely watching the unfolding political events inside their northern neighboring state.

All the indications that leaders of the various political parties, the ruling CCM party and its ach-rival the CHADEMA are said to be keenly watching events in Kenya.

President Jakaya Kikwete is reported to be neutral and keeping his cards to his chest. He has yet to sent a personal congratulatory message to Kenya’s president – elect Uhuru Kenyatta. However, junior cadre of CCM leadership including member of parliament are said to be leaning towards the Jubilee side of Kenya’s political divide, while Chadema leadership is said to be sympathetic to the CORD alliance.

The CCM stand on the Kenya’s election dispute is said to have been prompted by unfounded rumor that CHADEMA has been covertly cultivating close working relation with the CORD ALLIANCE.

Chadema is reported to have donated several motor vehicles to the CORD alliance during the recently concluded electioneering campaign in Kenya. It has also been reported that President Paul Kagame of Rwanda is another regional leader who has yet to offer any comment about the election despite in Kenya. Rwanda is another important trade partner of Kenya. Lie the other land-locked countries, which depended entirely on the Kenyan port of Mombasa or their export and import.

From the neighboring Uganda the current presidential election results dispute between the h . . .

Uganda was embroiled in a mega financial scandal involved the reported theft of millions of dollars from donor nations meant for its development in the North. The money is said to have been siphoned with the Office of the Prime Minster in Kamala.

Although it has its own sea port of Dar Es Salaam, its northern parts of the country as well as western, especially towns and gold mines , which are allocated around the LAKE Victoria also depended on Kenya for supplies via Lake Victoria.

The mayhem that broke out following a similarly the disputed presidential election of Dec. 2007 had impacted negatively to the economies of both Tanzania and in particularly when the political goons in Nairobi uprooted the rail LINE LINKING THE Kenyan port of Mombasa and Uganda at a section in Kibera within Nairobi suburbs.

The incident sparked off the fuel shortage in Uganda and other land-locked nations in the hinterland and almost crippled that country’s economy.

These are some of the valid reasons why Tanzanians and Ugandans, particularly the big business people would not entertain seeing Kenya collapsing into a distasteful conditions.

A correspondent operating in the northern Tanzania town of Arusha described the recently concluded presidential election in Kenya a sham and not credible enough to convince the neighboring states that it was held in good faith.

However, we love Kenya and its people and as such would go with their wishes, said the TANZANIAN WRITER, ADDING THAT IT WAS TIME Kenya learn how to organize its elections and put only the most credible people to the task of overseeing the elections.This time around people tasked with the handling of the elections in Kenya were not sufficiently qualified for the task.

One Tananian politician commented that the time is ripe or those organizing elections in Kenya to put aside their monetary interest and make sure that such elections are helped in a better manner for the prosperity of the country and its future generation. Must be strictly devoid of corruptive deals.

Ends

SADC Statement on Zimbabwe Constitutional Referendum

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From: Abdalah Hamis
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SADC ELECTION OBSERVATION MISSION TO THE REPUBLIC OF ZIMBABWE

STATEMENT BY HON. BERNARD KAMILLIUS MEMBE,
MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION OF THE UNITED REPUBLIC OF TANZANIA

AND

HEAD OF THE SADC ELECTION OBSERVATION MISSION TO THE CONSTITUTIONAL REFERENDUM IN THE REPUBLIC OF ZIMBABWE HELD ON 16 MARCH 2013
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· The Zimbabwe Electoral Commission (ZEC);
· Esteemed Leaders of the Political Parties;
· The Select Committee of Parliament on the New Constitution(COPAC);
· Honourable Ministers;
· Honourable Members of Parliament;
· The Executive Secretary of SADC;
· Members of the SADC Electoral Advisory Council;
· The SADC Facilitation Team;
· Members of the Diplomatic Corps;
· Religious Leaders;
· Members of Civil Society;
· Esteemed Members of various Election Observation Missions;
· Esteemed Members of the Media;
· Distinguished Guests;
· Ladies and Gentlemen

It is indeed an honour and pleasure to welcome you all to this important event, the presentation of the SADC Election Observation Mission (SEOM) Statement on the Constitutional Referendum in the Republic of Zimbabwe.

INTRODUCTION

SADC being one the Guarantors of the Global Political Agreement (GPA) has noted with appreciation the implementation of Article 6 of the GPA which outlines the processes and timeframes leading to the holding of the Referendum.

It is against this backdrop and in accordance with the SADC Principles and Guidelines Governing Democratic Elections that the Southern African Development Community (SADC) was invited by the Government of the Republic of Zimbabwe to observe the Referendum held on 16 March 2013.

In light of the above, the Chairperson of the SADC Organ on Politics, Defence and Security Cooperation, His Excellency Jakaya Mrisho Kikwete, President of the United Republic of Tanzania, officially constituted the SEOM to the Republic of Zimbabwe and mandated the SADC Executive Secretary, Dr.Tomáz Salamão to facilitate the administrative and logistical support for the Mission.

The Chairperson of the SADC Organ on Politics, Defence and Security Cooperation appointed me, Bernard Kamillius Membe, Minister of Foreign Affairs and International Cooperation of the United Republic of Tanzania, to head the Mission.

The SEOM was officially launched in Harare, Zimbabwe,on 10 March 2013.

After days of intensive work, the SEOM has the honour to deliver its statement on the outcome of its observation of the Constitutional Referendum in Zimbabwe.

THE ROLE OF THE SADC REFERENDUM OBSERVATION MISSION

The Mission derives its mandate from the SADC Principles and Guidelines Governing Democratic Elections, which emanate from the African Union (AU) Declaration on the Principles Governing Democratic Elections in Africa and the AU Guidelines for African Union Election Observation and Monitoring Missions.The Mission also worked within the legal framework of the Republic of Zimbabwe.

In developing the nature and scope of our observation, the Mission sought to determine the existence of the following pre-conditions for a credible referendum:

(i) Constitutional and legal guarantees of freedoms and rights of citizens;

(ii) Conducive environment for free, fair and peaceful elections;

(iii) Timeous announcement of the referendum date;

(iv) Neutral location of the polling station;

(v) Counting of the votes at the polling stations

During the launch of the SEOM, Observers were directed to adhere to the SADC Principles and Guidelines Governing Democratic Elections in the performance of their duties. Emphasis was placed on the following:

That the Observers must comply with the laws and regulations of the Republic of Zimbabwe and relevant international instruments governing democratic elections;

That they should maintain strict impartiality in the conduct of their duties, and shall at no time express any bias or preference in relation to national authorities, parties and organisations in the Constitutional Referendum;

That they will base all reports and conclusions on well documented, factual and verifiable evidence from a multiple number of credible sources as well as their own eye-witness accounts; and

That they should work harmoniously with each other and other election observation missions/organisations in their areas of deployment.

DEPLOYMENT OF SEOM OBSERVERS

Guided by the SADC Principles and Guidelines Governing Democratic Elections, the Mission deployed twelve (12) teams of observers across all ten (10) provinces of the Republic of Zimbabwe. Observers were given the responsibility to observe the Constitutional Referendum and to give comprehensive accounts of their findings in their areas of deployment in order for the Mission to provide an informed assessment.

The SEOM deployed seventy eight (78) observers drawn from various sectors of SADC Member States including Members of Parliament and civil society.

CONSULTATIONS WITH STAKEHOLDERS

In discharging its duties, the SEOM interacted with the relevant stakeholders in order to gather information on various aspects of the referendum. The stakeholders included inter alia:

Parties to the Global Political Agreement

Other political parties
Zimbabwe Republic Police (ZRP);
Zimbabwe Electoral Commission (ZEC);
The Constitutional Parliamentary Select Committee (COPAC);
Non-Governmental Organisations;
The European Union Diplomatic Mission and the Embassies of the USA, Australia, Canada and Norway;
the SADC Parliamentary Forum; and

Other Observer Missions

These interactions have assisted the SADC Election Observation Mission to understand the prevailing political environment in the country.

MAJOR ISSUES RAISED BY STAKEHOLDERS

The SEOM wishes to highlight some of the issues of concern expressed by some Stakeholders in the Constitutional Referendum. These include, inter alia, the following:

Timeous availability of resources to ZEC for preparation of the Referendum;

Concern about possible apathy;

Insufficient copies of the Draft Constitution distributed to the electorate;

Inadequate time allocated for the electorate to acquaint themselves with the Draft Constitution;

Inadequate time for some stakeholdersto conduct campaigns/civic education;

Non accreditation of some local Observers;

Poor signage and identification of some polling stations;

Inaccessibility of polling stations in some areas;

Polarised media

Isolated reports of intimidation and harassment

THE SEOM pursued some of these concerns in a systematic manner by conducting further investigations and at times sought clarification from relevant parties. Some of the responses provided regarding the abovementioned concerns were as follows:

· On timeous availability of resources for preparation of the Referendum, the Mission gathered that ZEC had received the bulk of their funding just before the Referendum. However, the Mission observed that the funding challenge did not hamper the overall Referendum.

· Regarding insufficient copies of the Draft Constitution distributed to the electorate; the Mission was informed by COPAC that 90,000 copies of the Draft Constitution, including audio and braille versions, were distributed across the country. Furthermore, the Mission learned that there were some existing mechanisms in place to access the Draft Constitution such as the COPAC website and regional offices.

· With respect to inadequate time allocated for the electorate to acquaint themselves with the Draft Constitution; the Mission noted that the electorate had between (15th of February being the proclamation of the date of the Referendum to the 15thMarch 2013) to acquaint themselves with the Draft Constitution. The Mission observed that the Referendum took place within the provisions of the GPA Article 6 and the Referendum Act, Articles 3 and 4.

· Regarding inaccessibility of polling stations in some areas; the Mission observed that due to inaccessibility of some areas, the transportation and distribution of polling materials as well as the polling officers was airlifted by ZEC.

· The SEOM noted reports of isolated cases of intimidation and harassment in some areas and in particular in Mbare, Harare. The SEOM condemn these acts of violence and pledge to law enforcement agents to objectively deal with these matters as they arise.

PRE-REFERENDUM PHASE

The Mission observed that the pre-referendum phase was characterized by a largely tolerant and peaceful civic atmosphere. In general, ZEC, COPAC and other relevant stakeholders conducted their work in a transparent, orderly and professional manner without any hindrance.

With regards to the eligibility of voters, the Mission noted that according to the Referendum Act, voters are not required to register for the Referendum and only those who are at least eighteen (18) years old and have a national ID card, waitingpass or valid passport can vote at any polling station across the country.

POLLING PROCESS

The Mission observed that most polling stations were opened by polling officers at the official time of 07:00 and closed at 19:00 in the presence of security and Observers. Furthermore, special arrangements were made for voters with special needs, such as priority queue for the elderly, expectant and/or nursing mothers and people with disabilities. The Mission observed the professional conduct of the polling staff.

COUNTING PROCESS

The Mission observed that the counting process began immediately after the closing of the polling stations. The counting process was conducted procedurally. Furthermore, procedures for secure counting of votes were adhered to. In addition, the Mission witnessed and followed closely the counting of votes together with the polling officers without any hindrance.

BEST DEMOCRATIC PRACTICES AND LESSONS LEARNT

In the course of observing the Referendum, the Mission noted that over and above, general adherence to the relevant national legal instruments and the SADC Principles and Guidelines Governing Democratic Elections. The following best democratic practices and lessons in the Zimbabwean Referendum were observed:

Provision of adequate logistical and material support by the ZEC to ensure that all citizens of voting age were able to participate in the referendum;

Prompt accreditation of Observers;

Provision of several polling streams that expedited the voting process;

Use of indelible ink to prevent double voting;

Use of translucent ballot boxes;

High state of preparedness by the Zimbabwe Republic Police, by providing adequate security that facilitated a peaceful environment for the Referendum;

SADC ELECTION OBSERVATION MISSION RECOMMENDATIONS

Upon completion of the observation exercise, the Mission is pleased to share the following recommendations with the citizens and the stakeholders of the Republic of Zimbabwe:

Encourage the establishment of a mechanism through which funds for elections could be timely availed;

Encourage the update of the voters’ roll in time for elections;

Encourage continuous voter education;

CONCLUSION

The Mission is pleased to share its findings and observations with the people of Zimbabwe and all relevant stakeholders. In general, the Mission observed that the polling process was conducted in a peaceful, transparent and smooth manner.

The Mission has come to the conclusion that although some of the concerns raised are pertinent, they are, nevertheless, not of such magnitude as to affect the credibility of the overall Referendum.

We also wish to commend ZEC for the professional and dedicated manner in which they delivered a successful referendum to the people of Zimbabwe.

On behalf of the Chairperson of the Organ on Politics, Defence and Security Cooperation, His Excellency Jakaya Mrisho Kikwete, President of the United Republic of Tanzania and on behalf of the entire SADC family, I wish to sincerely congratulate the Government, ZEC and the people of Zimbabwe for holding a peaceful and credible Constitutional Referendum on 16 March 2013.

This is a major step in the implementation of the GPA and I therefore would like to take this opportunity to encourage the political leadership and all the people of Zimbabwe to uphold peace and stability.

Thank you very much.

Source: http://www.wavuti.com/4/previous/2.html#ixzz2NuJY1tnI

Kenya: Chaos after varsity students discover IEBC ballot materials

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From: mngonge
Date: Sat, Mar 16, 2013 at 3:29 AM
Subject: Re: [wanabidii] Chaos after varsity students discover IEBC ballot materials
To: wanabidii@googlegroups.com

From: mngonge

African countries have a long way to go towards democracy

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On Sat, Mar 16, 2013 at 9:08 AM, Yona Maro wrote:

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www.wejobs.blogspot.com Jobs in Africa
www.jobsunited.blogspot.com International Job Opportunities
www.naombakazi.blogspot.com

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International Jobs – www.jobsunited.blogspot.com

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By Jeckonia Otieno

NAIROBI; KENYA: Riots erupted at Kenyatta University’s main campus after students discovered ballot materials in one of the buildings.

Problem started earlier in the day when students allegedly discovered some unexplained business at the university’s business centre.

Before the riots could end, students had burnt a car whose owner could not be established and barricaded the Thika Superhighway forcing vehicles to resort to other routes hence a massive traffic snarl up.

According to students, the room had been marked OUT OF BOUNDS by those who were inside conducting unexplained business.

Students noted that they got suspicious after they found out that the door was marked yet there were activities associated to the currently disputed elections going on.

Inside the hall were ballot materials ranging ballot boxes, books, papers, rubber stamps, jackets and lantern lamps.

It is further alleged that the people who were inside the hall might have diffused into the crowd hence none was arrested.

National Assembly elect for Budalang’i, Ababu Namwamba, arrived at the scene and asked for investigations to be carried out speedily so that it can be established what ballot materials were doing at the university yet all the materials were supposed to be at the National Tallying Centre at Bomas of Kenya.

“This is democracy on trial,” said Namwamba adding that it is very unusual that some of the ballot materials have been used while others have not been touched which raises serious questions on the credibility o these elections.”

Namwamba further wondered why materials would be locked and barricaded inside a room with a group of people yet there was still a dispute.

“Why, the secrecy?” wondered the legislator, “I smell a big fat rat here because if IEBC received all the return forms, then what are these doing here?”

He also noted that after the materials had been discovered; neither security officers nor IEBC officials had arrived at the scene to see what was happening.

http://www.standardmedia.co.ke/?articleID=2000079405&story_title=Kenya-Chaos-after-varsity-students-discover-IEBC-ballot-materials

Open Letter to Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya

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From: Samuel Omwenga

In Open Letter To Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya,
http://omwenga.com/2013/03/15/open-letter-to-dr-willy-munyoki-mutunga-chief-justice-and-president-of-the-supreme-court-of-kenya/
I openly share my thoughts as a concerned Kenyan with the Chief Justice concerning the cross-road our country yet again finds herself and this time we look to a legal than political solution to fix what Raila and Cord say were botched elections on account of widespread irregularities and rigging.

Peace, Unity and Truth

Omwenga

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We are calling on all the Youth to support the Youth under 35 seeking elections as Members of County Assemblies Country wide. Thanks for Supporting the National Youth Sector Alliance
nysa1@googlegroups.com
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Kenya: Gift For Raila

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From: Kuria-Mwangi

These knuckleheads representing Raila (Kilonzo, Wako and Orengo) are crying like children over lack of documents, specifically Forms 34. Somebody, SO should give them these links or download the forms for the loudmouths and tell them to shut the hell up and go to court. They dont know how to download or was the issue locating the forms? How long will I be expected to assist Wako, Kilonzo and Orengo? Tell them to go to work shut the hell since I have now given them everything they wanted. They are wasting Raila’s time. Everything is here for the knuckleheads

Form 34: Declaration of Presidential Election Results Files

http://www.iebc.or.ke/index.php/resources/downloads/category/form-34-declaration-of-presidential-election-results

SUMMARY OF 2013 PRESIDENTIAL RESULTS DECLARED ON 9/3/2013

http://www.iebc.or.ke/index.php/resources/downloads/category/tally-of-presidential-results
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Veritas liberabit vos
The truth Shall set you free
http://www.kuria-mwangi.blogspot.com
http://www.facebook.com/kjmwangi

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Cord protests over petition papers

Posted 6 hours ago

The electoral commission has been unable to produce the final voters’ register used in the March 4 polls, the Cord team that has disputed the presidential election results said on Thursday…

Kenya: Plans to have Raila Odinga ousted as the Luo political kingpin is in the offing

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News Analysis by a Special Correspondent in Kisumu City

REPORTS emerging from the outlaying administrative districts within the four Counties, which forms the parts of the old larger Nyanza Province have indicating that the behind the scene covert operations is in the offing in which members of the Luo community are unanimous that the time is ripe for the ousting and replacement of the ODM leader Raila Amolo Odinga with a young technocrat.

The plans is said o have received the blessing of Luo elders from all over the Four administrative Counties of Siaya,Kisumu, Homa-Bay and Migori.

The Prime Minister Raila Odinga who is now approaching his 70s year of age has thrice tried his hand at winning the presidency of this country ever since 1997 ,2007 and 2013but has yet to be fortunate enough to capture the top-most job on the land.

Senior members of the community have now a second feeling tat it is time that Odinga be replaced in readiness for the 2017 general election. This political scenario is likely to raise political temperature inside Luo-Nyanza and degenerate a lot of controversies owing to Raila Odinga enormous popularity within the community.

Several names are on the card being floated by the proponents of this scheme. They included that of the Nairobi governor-elect Dr Evans Otieno Kidero, the outspoken former Rangwe firebrand MP Dr. Shem Ochuodho, Rarieda MP Eng. Nicholas Gumbo, a Nairobi based business tycoon, Sammy Wakiaga, Suba MP John Mbadi,Rongo MP Dalmas Otieno who is the Minister for Public Services

The proponents and those floating the idea of replacing Raila Odinga with a young technocrat politicians have readily admitting that Odinga might not be too old in 2017 to have another shot at the presidency. They, however, maintained that “Agwambo’s” fortune appeared to have waned beyond repair.

Prior to his death in an aircraft crash last June, the former Ndhiwa MP Joshua Orwa Ojode who was serving the coalition government as an Assistant Minister for Internal Security ad Provincial Administration had his name on the lead.

The working relations between thef0rer abrasive Ndhiwa MP Ojode and Raila Odinga had gone sour at the time of his death following the rumors that the latter was nursing political ambition of becoming the overall. Dr Kidero a former Managing Director of Mumias Sugar Company is said to have contested and cliched the position of Nairobi-governor-elect against the wishes of Raila Odinga and some of his Luo handlers. The group advanced an argument that it was unattainable for Raila Odinga to occupy the Government House, while at the same time Dr Kidero is sitting at the helm of the City governorship.

The group had favored either Bishop Margaret Wanjiru or Jimnah for the Nairobi governor position. Dr Kidero an urbanized deployed his political dynamism and magnanimity to clinch the seat. Raila Odinga staunch supporters had viewed Dr Kidero’s bid for governorship as ‘spoiler’.

Prior to the 2007 general election Wakiaga who is still in the civil service as a senior government official had shown keen interest in joining parliamentary politics in his native Mbita constituency in Suba.

Wakiaga was to contest the seat against the then incumbent Gerald Otieno Kajwang’ of the famous bado Kuna Mapambano lyrics. However, those to insight information about Mbita politics have told us that it was Raila Odinga who prevailed upon Wakiaga not to contest the election against Otieno Kajwang’ on the promises that once the ODM win the election, he Wakiaga would be considered for another more lucrative position within the ODM administration.

Wakiaga who runs a chain of businesses in both Nairobi and Nyanza is closely associated with the Mbita Ferries Limited, whose ferries are currently plying the Lake Victoria between Luanda Kotieno in Rarieda and Mbita and also between Misori in Uyoma West and Mbita as well as between Mbita town and Mfangano Islands. He is also running a chains of hotels and air-travel agencies.

Another MP whose soberly character seemed to have attracted the elders who are considering him for the future role political leadership in Luo-Nyanza is the Karachuonyo MP Eng.James K. Rege.The newly elected Seme MP Dr.James Nyikal a former PS in the Ministry of Medical services is also being mentioned .

The coming weeks will witness a lot of the behind the scene activities inside Luo-Nyanza, because of the of the proponent of the change of leadership within the community has vowed to go out flat to canvass for their proposals.

Ends

Kenya: Raila was let down by Luo Ministers and MPs who contributed nothing to popularize the ODM inside Luo-Nyanza

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THE ODM SHOULD CARRY OUT A POST-MORTEM THROUGH AUDITING AND DISCOVER ITS AFTERMATH OF THEIR DISMALL PERFORMANCE AND ANY OTHER LOOP HOLES.

News Analysis By Leo Odera Omolo

NOW that the genera elections of March 4, 2013 has come and gone leaving behind many looming faces of the election losers, and at the same time, the jovial faces of the winners, the time is ripe for major political parties to take the stock of what happened during the polls.

Instead of engaging in the blame games, these parties should go back to the drawing boards of their secretariat and immediately start examining the reasons why some of them had performed disastrously below their expectation.

I would rather concentrate in examining in detailed accounts, some of the most valid reasons why the Orange Democratic Movement {ODM], the party which has its stronghold inside Luo-Nyanza.

The ODM performed dismally in Nyanza. First of all there was apathy on the part of the registered voters. Only a paltry number came out to cast their voters, while the majority stayed at home. This is contrary to claims by the IEBC that the turn out in many places of Nyanza Province, the turn out was slightly above the 75 percent.

The most populous constituencies inside Luo-Nyanza are Ugenya, Rongo,Kasipul-Kabondo and Karachuoyo. And going by the statistics of the votes casted, this was far much below the voting patter shown in 2007, Rongo,Ugenya,Kasipul-Kabondo had all been subdivided into two parliamentary constituencies.

The populous Karachuonyo remained intact, while the old Rangwe created the Homa-Bay Town constituency. At the same time Migori saw the birth of the Suna East and Suna West

Ugunja was curved out of the of Ugenya, while there were major constituencies realignment in areas like Kisumu Town West and Kisumu Rural constituencies with the creation of the Kisumu Town Central and Seme constituencies. The creations of these rather smaller constituencies, however, were insignificant as far as the voting pattern in the region was concerned. This did not alter the voting pattern

What happened is the fact that the immediate former Luo MPs who had served in the 10th Parlilament did not bother to sensitize the population to register themselves as voters in their respective constituencies during the registration of voter’s exercises.

Out of the 21 MPs from Luo-Nyanza none came home and mobilized or sensitized the rural folks in their respective constituencies to take the voter’s registration exercise seriously.

The Luo MPs only made cosmetic appearances in their rural constituencies during the emotionally charged burial and funeral ceremonies. These MPs spent most their valuable times trailing the Prime Minister Raila Amolo Odinga wherever he went.

The people who are credited for having let down the Prime Minister down were Ministers Gerald Otieno Kajwang’, {Immigration and Registration of Persons, Dalmas Otieno {Public Services}, James Aggrey Orengo,{Lands}and Prof.Anyang’ Nyong’o{Medical Services}.

Two Assistant Ministers also had the lackluster performance. These were the PM’s own elder brother Dr Oburu Oginga, the Finance Assistant Minister. Also contributing immensely to the ODM waned popularity were the frequent belligerence and reckless utterances of the PM’s cousin Jakoyo Midiwo the MP for Gem.

There were too much undercurrent and undercutting among the Luo MPs and the ODM local party branch officials, something which had placed the Luo-Nyanza under the election mood all the time.

The registration of voter’s exercises came about in Luo-Nyanza at the time when the relations between the Luo MPs and members of the Provincial Administration had gone a sour.

The administrators who included PCs, DCs.Dos, Chiefs and Assistant Chiefs are the pillers of administration within the localities and have always been responsible f9rmobilizingthe voters during the voters registration exercises.

IMMEDIATELY SOON AFTER THE ADOPTION OF THE NEW Constitution, some of the Luo MPs went around shouting at the members of the Provincial Administration asking them to pack and go, “because their services were no longer needed. These administrators were humiliated in nearly all the public gatherings. This what killed their morale of serving the public.

On one occassi9on the whole Minister Otieno Kajwang’ [Immigration and MP for Mbita went public and requested the administrat0orstopackandgo.

The Minister’s utterances prompted the then Assistant Minister for the Internal Security and Provincial Administration the late Joshua Orwa Oj0de and his then boss Prof.George Saitoti to withdrew the entire administration officials in Mbita district.

Mbita district despite its proximity to the sensitive border was without the D.C. for close to six months.It was the OCPD who remained the senior most government official in Mbita durng the period when the D.C. was not there.There were no DO

[1], Do for Lambwe Division and D.O.in-charge of Mfangano Dvision.

Answering a parliamentary question as to why the government had not posted a DC to Mbita, Ojode told hushed House that there were no plan of posting any D.C. to the area as the services of this calibre of officer were not required by the residents. And this was precisely the time when the voter’s registration exercises was taking place in the area. The chiefs relaxed and went about their daily scores without urging the population to register themselves as the voters.

In Rongo district some unknown people hired six vehicle loaded with political goons hired from 0utside Rongo constituency and send them to Kitere village specifically to go and break a meeting of local elders.The fighting that ensued saw close to7people hacked to death by the villagers.

Despite of the death of people, investigations were done haphazardly carried out and nobody was punished for this heinous crime. Rongo is the constituency represented by Hon.Dalmas Otieno.

On top of all this the ODM primary nomination was the most flawed exercises.It was mismanaged by the ODM headquarters and even some senior staff at the PM’s office and also at the Orange House headquarters were heard giving the names of people considered as not favored by Raila Odinga whom they advised not to be issued with nomination certificates even if such persons had won their primaries.

As Raila Odinga traversed the country while canvassing for the votes for his presidential bid,some people perceived to be close to him were engaged in political war of attrition in his Luo backyard.

Ends

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Category Archives: Elections

More of the same or dawn of a new era in Zimbabwe?

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

Kenya: UHURU says OBAMA and CAMERON recognize him and RUTO as duly elected President and Deputy.

KENYA: DID A MILLION GHOSTS VOTE? DOES IT MATTER?

IS KENYA READY FOR SOONER PRESIDENTIAL ELECTIONS

Zimbabwe: Robert Mugabe: from irredeemable villain to benevolent statesman?

KENYA: CLAIMS ARE MADE THAT DEAD PEOPLE CAST THEIR VOTES IN KASIPUL CONSTITUENCY DESPITE SERIOUS OBJECTIONS RAISED AT TIME BY ASPIRANTS.

KENYA: RAILA ODINGA WAS RESPONSIBLE FOR MY ELECTION FAILURE SAYS ODUOL

Kenya: Supreme Court Struggles With Written Opinion In Dismissed Raila Petition

Kenya: Stealing of presidential votes for Uhuru Kenyatta was the easy part

KENYA: POLICE BAN DEMOS A HEAD OF RULING

Kenya: The recent election has created political leadership vacuum in the South Rift

Kenya: Votes Re-tallying Ordered

KENYA’S PRESIDENTIAL ELECTION RESULTS DISPUTE IS CLOSELY BEING MONITORED BY TANZANIAN AND OTHER REGIONAL LEADERS

SADC Statement on Zimbabwe Constitutional Referendum

Kenya: Chaos after varsity students discover IEBC ballot materials

Open Letter to Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya

Kenya: Gift For Raila

Kenya: Plans to have Raila Odinga ousted as the Luo political kingpin is in the offing

Kenya: Raila was let down by Luo Ministers and MPs who contributed nothing to popularize the ODM inside Luo-Nyanza