Category Archives: Kenya

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

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: Fight for more power, Raila urges governors

From: Gordon Teti

Prime Minister Raila Odinga on Wednesday warned of an elaborate attempt to kill devolution even as governors from across the country demanded to meet President-elect Uhuru Kenyatta over the matter.

Mr Odinga urged governors and senators to unite in defence of devolution, warning that gains made in the Constitution that ushered in devolved governments could be lost.

The PM warned of attempts to undermine governors to dilute devolution, a system he said was being opposed by some government insiders.

He asked the government to allow governors to take over the offices currently occupied by provincial and county commissioners, saying that it was sad that some civil servants were humiliating governors.

“As a coalition, we stand strongly for the full and undiluted devolution of powers and resources to the counties,” said Mr Odinga. “That is why I want to call on all governors and county assembly members, regardless of party, to hold their ground, stand firm and demand to be given the full space and mandate to implement the devolution agenda for their voters”

He also urged senators to immediately initiate demands for full funding for devolved governments.

In Naivasha, where all the 47 heads of county governments were attending a workshop, they demanded an urgent meeting with the President-elect Kenyatta and his deputy, Mr William Ruto, get their commitment on devolved governments.

They have also expressed alarm at the manner in which the Treasury allocated Sh9.8 billion and then dictated how the money that the counties will spend over the next three months will be used.

Speaking on the sidelines of their first meeting, which is going on at the Great Rift Valley Lodge, the governors said they had sent messages to Mr Kenyatta asking for the meeting.

“We would like to know from him what he intends to do to ensure that there is immediate implementation of the procedures of devolution,” said Mr Isaac Ruto, the governor for Bomet.

He said the main agenda at the first meeting of the governors was to ensure success of the system that took effect with the election of governors and county assembly representatives on March 4.

“He (Mr Kenyatta) committed himself to implementation, it is very clear in the manifesto and I think it is very important and incumbent on him to assure the governors that we intend to travel this road together,” Mr Ruto said.

Mr Kinuthia Wamwangi, who heads the Transition Authority, on Tuesday said that a meeting between Mr Kenyatta and the governors would be convened immediately he is sworn in.

Mr Ruto said statements from President Kibaki on Tuesday, when he officially opened the conference, were “disastrous” and suggested the lack of political goodwill to ensure devolution works.

On Tuesday, the governors were angry at the President’s insistence that despite the devolution of political power to the counties, Kenya remains a unitary state.

“There is no unitary government in Kenya. We are simply in one republic called Kenya and the territory of Kenya is divided into 47 counties, and Kenya is a multi-party state and a sovereign state. That sovereignty is exercised at the national and county governments,” said Mr Ruto.

Wednesday was the meeting’s second working day and the governors embarked on a series of workshops to guide them on how to run the governments they now head.

In another tent nearby, the county speakers, their deputies, county clerks and interim clerks gathered for training on how the county assemblies ought to be run.

The governors, however, stressed that they need to have the incoming president make the commitment that his government would ensure devolution is implemented.

“We want to establish, beyond reasonable doubt, his commitment,” said Homa Bay governor Cyprian Awiti.

Mr Sospeter Ojaamong, the governor for Busia County, said the summit with the new President ought to be a priority.

At the centre of the governors’ concerns is the Treasury’s move to dictate to them how the Sh9.8 billion allocated to counties should be spent.

The controversial National Government Coordination Act that retains elements of the Provincial administration is also in contention.

By JOHN NGIRACHU jngirachu@ke.nationmedia.com AND ISAAC ONGIRI iongiri@ke.nationmedia.com

Source: http://www.nation.co.ke/News/politics/Fight-for-more-power-Raila-urges-governors/-/1064/1738690/-/item/1/-/9yseyi/-/index.html

Posted Wednesday, April 3 2013

Kenya: Broken Dreams from our Fathers

From: odhiambo okecth

Geoffrey,

You are scintillating.

I am happy with your remarks and observations. This is why I posted this piece- to enable us get that kind of reaction.

I am happy with reactions from other people, and one person has posted this in some Magazine with my permission.

If the Dreams from our Fathers led to poverty, disease, ignorance, tribalism, nepotism, corruption and all such like, what should our Dreams lead us to?

I want to hear you out.

Oto

— On Tue, 4/2/13, geoffrey osiemo wrote:
From: geoffrey osiemo
Subject: Broken Dreams from our Fathers
Date: Tuesday, April 2, 2013, 10:39 AM

OTO,

You have written a good piece. You have observed the problems well. But what are the solutions? You have restated the dreams which have not been realized and they will continue to be dreams in the recess of our minds until nobody knows when.

What you have said is what people hear in such conferences but thereafter nothing translates to the transformation of the status of the people of the Continent. No action is taken in the use of such good observations. Why?

Oto, what you are saying is what even those you were to address see and know as true. Those people are not stupid. A number of them are the brains of Africa. What is lucking is the transformation of those good ideas for the betterment of the lives of the people. Why?

This brings me to a question i want to pose to you. Please take your time and reflect. Do not think. Contemplate.

“Is it possible that there is something we do not know, as Africans, the knowing of which will make all the difference? Is there something, we as Africans we do not know, we are not taught, it is not in our upbringing and therefore it is not in our psych?”

The answer is “YES.” I put the yes in capital letters to emphasize the enormity of the missing link.

Is this something taught in schools and or taught by parents and or society and if not where does it come from? I dare say that it is not taught in schools and parents and society can only give what they have and or what they have been taught/given. So you can see the trend. Remember the computer adage- GIGO. Garbage in garbage out. That is why you see the same mediocrity now and again and it will continue to the seven times seventy generations. This is not about education. It does not matter whether you have a PhD. This is a different realm of knowledge and understanding.

But there is a remedy if people, you and me, can step back and look to what we are doing to ourselves, and try to break from the curse. The curse that everybody is seeing but how to break loose from it is what many people do not know and do not even want to know.

The simple remedy is to awaken. It seems and sounds so simple that people may not and those who have heard it do not take it seriously. But it is that simple. We live in Illusion. People walk around in a dream thinking that they are awake. Both the educated and the uneducated alike.That is why things do not work out for the good of all. Most of the people you were to talk to would be looking at you, but might not be awake. It is possible you, yourself is not awake too, if you are not aware of what it is. Are you seeing the trend. You will talk and talk and talk and nothing happens.

What we need in Africa is to awaken. Not everybody of course, but we need “a critical mass” and the rest will be history by the tornado effect, as they say.

So the “Only thing that matters” for all of us is to awaken. What is it, some of you may be asking?

First let me give the analogy of sleep so that the understanding could be clear. There are three stages of sleep.

First, when you get to bed and you are about to sleep. There is the transitional period from being awake to falling asleep.It is shallow.

Second, then there is the dreaming stage of sleep. In fact the eyes move under the eyelids. Some people wake up from this state and they know they were dreaming. They can even recall the dream.

Third, you are totally a sleep. Deep and silent.One becomes unaware of the surroundings. One does not know what is going on. This is the stage of refreshing and recharging the soul, body and mind. This is the stage where it is said that the soul connects with the totality of consciousness and becomes one with oneness/God.

Note there are three stages of sleep:

Now come to wakefulness. what do you know? There are only two stages known. Waking and awake.

However, there is a third stage, which is unknown to many. This is the stage experienced by Masters, like Jesus and is possible for humanity too. That is what Jesus was pointing to. There are people who have achieved that but not many. What is required is a critical mass and the change becomes self evident in the welfare of the people.

There are also three stages of wakefulness:

First, is the transitional stage. You are not a sleep and you are not fully awake. You are in between. Partially aware of the surroundings, like you may start hearing sounds. Then,

Second, you become aware, one feels the need of coming out of say bed. Or wherever you were lying. This is what people think is being fully awake. It is not. This is the dream stage of awakening. You may note eyes darting here and there. This is why it is said we are a sleep, even though we are walking around with our eyes open. What is interesting, in this stage many people are not present. They are either thinking about the past and regretting of missed opportunities or thinking about the future and fearing the unknown. The minds are darting between the past and the future. Past/future. Past/future. This darting frequency of past/future, past/future, is so fast that they get lost in the mind. From now on, be watchful and observant, many people you meet are either in the past or in the future.

There is a third stage which most people are not aware of. I is rarely experienced. This is the Present. This is a stage of total inner silence, just as one is in the third stage of sleep. Until one gets to this stage, you are not fully awake. There is no distortion of what is. There is just the unfolding of life. What is called the reality. NOW.

Now you know. This is not about education. Education has its place in life,but much of it is in the second stage of waking. That is why you see some thing not working even among the educated and you wonder why.

In the realization of NOW there is no change of behaviour, but an awakening of a deeper dimension. Here you feel the other as yourself, and we see ourselves in the other. We are no longer compensating for the injustices of this world: we shift into a state of consciousness where the very roots of injustice can no longer flourish.

I thank you for the opportunity to share with you what has become my passion.

Yours sincerely,
GOO.

———————-
From: odhiambo okecth
Sent: Tuesday, April 2, 2013 3:04 AM
Subject: [Mwanyagetinge] Broken Dreams from our Fathers

This presentation was to take place in SA on the 16th April 2013 but the Conference has been cancelled to a later date. But I think I ought to go on and share my thoughts;

The Broken Dreams from our Fathers

Citizens Rights to Basic Needs; a Presentation to the Conference of Mayors and Municipal Managers in Africa at the Premier Hotel, Kempton Park, Johannesburg SA on the 16th April 2013 by Odhiambo T Oketch

Your Worship the Mayors of Africa,
The Town Clerks of Africa present,
All the Executive Officers present,
The Intelligent Africa Group,
Ladies and Gentlemen,

Africa is largely celebrating her Silver Jubilee- 50 Years since most of Africa became Independent Sovereign States. We had a dream. Our Fathers had a dream and in that dream they dreamt of One United Africa sovereign, developed enough to be in a position to give aid to other Nations of the World.

For in Africa we were rich in minerals and the land was fertile, the forests were thick and the rains never failed.

It is my great pleasure to join with you today in this conference as we seek to ignite that dream that our Fathers had in us. You are the drivers and the engine of development in Africa and you hold the keys; you can either make it or break it for Africa.

You can choose to have your own Dreams for Africa.

I have been invited to come and share my thoughts about the Citizens Rights to Basic Needs and a few things come to mind immediately;

1. Clean neighbourhoods and environment

2. Adequate and clean supply of water

3. Affordable shelter and housing

4. Safe, secure and timely transport

5. Quality and affordable food

6. Quality and Universal Health Care

7. Efficient communication

8. Fuel and lighting (Energy)

9. Access to Quality Education

10. Safety and Security

These issues are not unique to Africa alone. These are basic issues all Towns and Cities across the World are struggling with. And with the vast mineral deposits we have in Africa, I want to believe that we can be the next big thing in the World. We have gold, diamond, oil and a huge human resource in Africa. And this is what we need to make Africa move to the next level.

It only needs prudent management and a focused service oriented leadership. The Fathers of our continent, Nelson Mandela, Kwame Nkrumah, Leopold Sedar Senghor, Julius Nyerere, Seretse Karma, Ahmed Sekou Toure, Ahmed Ben Bella, Amilcar Cabral, Patrice Lumumba and Jomo Kenyatta to name a few, had a dream for the continent. They envisioned a continent that was united, prosperous, highly developed and peaceful, one that was ahead if not an equal partaker in world business with the rest of the world, a continent with capacity to give aid to other continents!

In 1963, the Organization of African Unity was formed to advance cooperation and solidarity between newly independent African countries and fight against colonialism. In an attempt to revamp the organization, and move away from it being seen as an alliance of African dictators, it was re-named in July 2002 as the African Union.

At Independence the clarion call was service delivery at the most basic level of needs- fight against poverty, ignorance, disease. We have gone a full 50 years into our Independence as Sovereign African States and the dreams from our Fathers have largely been broken. We are now living in abject poverty with begging bowls to boot. We have not fought against ignorance and disease is still rampant across Africa.

We have also developed some new ways of living- tribalism, Nepotism, Corruption, Greed, Impunity and all the kind of vices that will never move Africa forward. And time is ticking and asking for a new crop of African Leaders, men and women brave enough to have new Dreams. Dreams of a new Africa- safe, secure, happy and fulfilled.

In a famous speech given in 1960, Kwame Nkrumah had this to say about the African Dream:

“We have seen, in the example of the United States how the dynamic elements within society understood the need for unity and fought their bitter civil war to maintain the political union that was threatened by the reactionary forces. We have also seen, in the example of the Soviet Union, how the forging of continental unity along with the retention of national sovereignty by the federal states, has achieved a dynamism that has lifted a most backward society into a most powerful unit within a remarkably short space of time. From the examples before us, in Europe and the United States of America, it is therefore patent that we in Africa have the resources, present and potential, for creating the kind of society that we are anxious to build. It is calculated that by the end of this century the population of Africa will probably exceed five hundred million. Our continent gives us the second largest land stretch in the world. The natural wealth of Africa is estimated to be greater than that of almost any other con
tinent in the world. To draw the most from our existing and potential means for the achievement of abundance and a fine social order, we need to unify our efforts, our resources, our skills and intentions”

This was the birth of the African Dream that would have driven us to prosperity, to complete realization and achievements of Basic Needs. To date, Africa is still struggling to keep water flowing in our taps. In Nairobi, the Capital City of Kenya, many households do not have running water from the taps and this has made the cost of water provision to be way above the reach of many.

We are still unable to offer our people affordable shelter and housing, and this has led to the emergence of several informal settlements where law and order in terms of urban planning is poor, yet, the Local Authorities collect their daily cess from the people. It is my firm conviction that even in the informal settlements, we can plan for basis human needs such as roads, water, health facilities, electricity and schools. It only needs order, clear and firm conviction and maintenance of the same.

Our roads are clogged with human and motor traffic that drains the human resource hours on end everyday in Africa. Again, in Nairobi, you will spend 2 hours every morning and another 2 hours every evening to cover a 15 Kilometer stretch that under ordinary circumstances, one would cover in 15 minutes. Again the cost of fuel keeps rising every other Month to the discomfort of both the investors and the ordinary worker. And we are doing nothing to invest in our Roads and in modern Rail Transport. In Kenya, the rail Transport system that was built by the Coolies in 1895 is dead. And this is having a severe ripple effect and strain on our roads and yet, our Mayors and Municipal Managers seem not to know what they should do. It is sad that we are not dreaming for Arica, yet our Fathers had sweet dreams for our Continent!

We are doing nothing to enhance food security in Africa yet we are daily facing the challenges of rural urban migration. Everyday, able bodied young people are flocking to our Towns and Cities in search of greener pastures at a time a rallying call to go back to the land would do Africa proud. We must make a deliberate effort to work for food security in Africa and the best placed persons will be the Political Leaders, the Mayors and Municipal Managers in Africa. You can provide the basic infrastructure that would ensure efficient food distribution across our Towns.

We must feed our working population in our Towns and Cities and proper incentives must be given to the people who will go back to the land and engage in modern agriculture. This comes with subsidies in terms of machinery and fertilizers for the land, fertile and large as they are, are remaining unattended to. And we are all just watching.

A working population needs proper and adequate Health Care System. As Municipal Managers, it is your responsibility to build the Health Centres and Hospitals for our people. You will then need to develop Health Care Systems that offer best services to our people. Many of our Towns and Cities are lacking in basic infrastructure and little efforts are being put in place to address this. It is worrying that many of our Cities and Towns do not have clean and secure Maternity Hospitals, yet our Mothers and Sisters are still very active in building Africa.

Communication in Africa is very expensive. The cost of telephony, internet connectivity and general communication remains high and unreliable in Africa. I remember in Kenya, our President Mwai Kibaki was taken to the Coast of Mombasa at some point in time to launch the Fibre Optic Cables Network that was going to see drastic reduction in the cost of Internet Connectivity as it enhances Connectivity Speed. That was a mirage and it remains a mirage several years down the line.

The cost of fuel in Africa is simply killing the confidence of the investors who are doing business in Africa. In Kenya, we have the Energy Regulatory Commission that has decided to be giving us new fuel prices every month. We cannot build Africa through such ad-hoc management styles. We must have a predictable pattern in the fuel costing that will make the Industrial Investors have confidence in building their plants in Africa. It then behooves the Mayors and the Municipal Managers in Africa to be the agents that seek for this consistency in order to attract more investors. With more investors, you are sure of keeping in check the rate of unemployment. But with haphazard fuel cost planning, we will be in for some very rude developments that keep Africa remaining the Dark Continent.

Education is all. President Nelson Mandela once said that the best gift you can give to a child is Education. And how are we best placed to advance this? At the City of Nairobi, the Council has several schools and a complete Education Department to help manage the same. The Council Schools have been doing well despite the presence of Academies where children from the affluent go to. But as Municipal Managers, how best do you want to be remembered by our people. Great efforts must be placed in tapping quality human resource to manage and give instructions in these Municipal Schools. And you must mobilize for resources to enable you pay for this human resource. A great deal of parents in our Metropolis cannot afford to take their children to the Academies and other high cost schools. It is hence incumbent upon us to put in place structures that will enhance and develop the quality of instructions in these schools, and to make them compete at par with the rest.

You must make Africa safe and secure. Investors will only come in their droves to safe and secure neighbourhoods.

Last but not least is Clean Neighbourhoods. Africa has been labeled a Dark Continent and we have made her a Dirty Continent. Dark and Dirty. Yet, waste and waste management is the next frontier in human development. Waste presents us with immense opportunities in terms of Employment Creation. Many of our Towns and Cities are engaged in shifting waste from one point to another, at a time we should be taking advantage of the volumes of waste we generate. Garbage and waste is seriously competing for space with our roads and public utilities.

http://3.bp.blogspot.com/-fZoh5clvyno/UVqZUZiOZAI/AAAAAAAADX0/t90o7THELQQ/s1600/482047_10200466227684365_1157866896_n.jpg
common scene in Nairobi

Waste and Garbage Management is becoming a big issue and according to projections from the World Bank in their last report, the Municipal Solid Waste generated by the Municipalities across the World will hit 2.2 Billion Tonnes by 2025 and this will cost the World some $375 Billion annually to manage. Africa cannot afford this. But we can do something to mitigate this by turning the waste problem into an opportunity. We can;

Register all waste handling groups across our Cities

Train the same groups on proper waste management with particular emphasis to specialization on different waste streams

Delineate clear waste streams for each group

Create holding grounds for the waste handlers as they sort and transport each waste stream to the end user

Create a clear data bank for all waste users and convertors to enable the waste handlers know where to take their various forms of waste

Create a clear payment structure for each waste stream and make those payments be on real time.

And then institute the process of Separation of Waste at Source as a compulsory undertaking by all.

Africa must rise up and join in the Waste Revolution.

We may also look at the Maslow’s hierarchy of needs and see what he says about Basic Needs. Maslow identifies 5 levels of needs and classifies them in the following manner;

1. Biological and Physiological needs – air, food, drink, shelter, warmth, sex, sleep, etc.

2. Safety needs – protection from elements, security, order, law, limits, stability, etc.

3. Belongingness and Love needs – work group, family, affection, relationships, etc.

4. Esteem needs – self-esteem, achievement, mastery, independence, status, dominance, prestige, managerial responsibility, etc.

5. Self-Actualization needs – realizing personal potential, self-fulfillment, seeking personal growth and peak experiences.

For purposes of this Conference, we will only look at the 2 lower Basic Needs and look at how best we can be agents that can help in their fulfillments.

As Mayors and Municipal Managers, you have a huge responsibility to ensure that your Towns and Cities are well rated in terms of Service Delivery. When you are elected or appointed into office, a huge responsibility is placed on your shoulders. It will really matter how you carry this yoke, for the results shall be seen.

It is our time to turn Africa around. We can choose to develop Africa or destroy her as has been done by many before us. We have unnecessary infightings in Africa to the detriment of development. The DRC Congo has been bleeding. The Somalia has been bleeding and in Kenya, we had an ugly experience in 2007. Rwanda had a similar episode. Uganda went the same route. Nigeria, Libya, Tunisia and Egypt have gone through some tumultuous periods, yet, these are largely issues that dialogue and leadership can solve.

We have enough wealth which when prudently managed can turn Africa around. And you are the leaders upon which much hope is bestowed. Our wealth is enough for all of us, but not enough for our greed.

We have the human capital that is equal or even better compared to the brains driving the first world, yet, we are sitting on our laurels waiting for Manna to once again fall from the Heavens. We went to the same schools and even did better. But of what value is going to school if you cannot replicate your academic process into reality.

You must be the selfless leaders upon which Africa must have new Dreams. You must fight tribalism, nepotism, corruption, greed and impunity and set the tempo upon which Africa shall rise. And Africa must rise during our time, not any other time.

The time is now and you are the agents who must make Africa rise from being a Dark and Dirty Continent to being the next frontier in Human Civilization.

The time is now and you are the agents who must provide clean and available water to the people of the African metropolis.

The time is now and you are the agents that must provide secure and affordable housing to our people in Africa.

The time is now and you are the agents who must decongests our roads and make road traffic easy and efficient in Africa.

The time is now and you are the agents who must make food available and affordable to all our working populations in our Towns and Cities.

The time is now and you are the agents who must ensure that Africa has affordable Health Care Services.

The time is now and you are the agents who must ensure that communication and internet connectivity becomes efficient, faster and cheaper in Africa.

The time is now and you are the agents who must manage the cost of fuel in Africa.

The time is now and you are the agents who must make Africa have quality and affordable education across the whole continent.

The time is now and you are the agents who must make Africa safe and secure for major investment opportunities.

And the time is now and you are the agents who must make Africa Clean.

Let us join hands and work for a Clean Kenya, a Clean Africa and a Better World. God bless you, God bless Africa.

Odhiambo T Oketch is the Executive Director at The Clean Africa Campaign- TCAC
Email Contact; oto@kcdnkenya.org,
Tel; +254 724 365 557

What a betrayal of trust that Kenyans had on the Supreme court (Updated & Revised)

By Gordon Teti, Tuesday, April 2, 2013

Chief Justice Willy Mutunga

ATTACHED is photo of Chief Justice Willy Mutunga taken few days before the March 4, 2013 by the Kenya media when he addressed the press regarding threats to the Kenya Judiciary.

While making the decision that the presidential elections were free, fair, transparent and credible and that Uhuru Kenyatta and William Ruto were validly elected, the Judges of the Supreme court forgot the REPORT on the re-tallying of votes that the same court ordered and the exercise conducted by the officials of the same Supreme court. What a contradiction and confirmation that the verdict was as a result of pressure and bribery of the Judges as speculated.

This is the OFFICIAL REPORT regarding the scrutiny or re-tallying of the votes by the Supreme court itself that came out just a day before the Judges turned around and disowned their own findings that there were numerous discrepacies in the conduct of the presidential elections: http://www.standardmedia.co.ke/images/friday/132959279-Scrutiny-Report-for-33-400-Polling-Stations.pdf

Democracy on trial

What Mutinga read was written by other forces and he was forced to read it, the speculation goes. How can such an important matter take the Chief Justice only five minutes to deliver the decision? It is rumoured that the official decision that the six Judges of the the Supreme court abandoned due extreme duress and bribery by the lords of impunity and those we are determined to maintain the staus quo had four (4) Judges in support of the Petition and two (2) Judges against.

Given that Chief Justice Dr. Willy Mutunga is in record to have complained publically that he had received a death threat pen and that he was blocked at the airport from leaving the country on a trip to Tanzania just a few days to the election, there is speculations, and rightfully so that the Judges were forced to make the decision that they read. The threat made to the Supreme court Judges was widely reported as confirmed by several sources. Aljazeera news reported “Kenya’s judiciary ‘threatened ahead of vote” Aljazeera further stated that according to the Kenya Chief Justice, several judges received threats warning them against disqualifying two presidential candidates. For details visit the following links:

1) http://www.aljazeera.com/news/asia-pacific/2013/02/2013220203128877741.html

2) Officer who stopped CJ at airport suspended: http://www.nation.co.ke/News/Officer-who-stopped-CJ-at-airport-suspended/-/1056/1700830/-/xd5yme/-/index.html

3) CJ Mutunga bombshell: http://www.standardmedia.co.ke/?articleID=2000077776&story_title=CJ-Mutunga-bombshell

4) The Supreme Court Of Kenya Rendered A Bad Ruling, Here Is Why: http://www.kenya-today.com/opinion/supreme-court-of-kenya-election-petition-ruling

5) Kenya Has Gone To The Dogs! Prove Me Wrong!: http://www.kenya-today.com/opinion/kenya-gone-to-the-dogs

6) A BIG LOSS FOR KENYA?: http://www.kenya-today.com/opinion/ethinic-politics-in-kenya

7) Welcome To Kenya, The Republic Of Fear: http://www.kenya-today.com/opinion/kenya-the-republic-of-fear
What Kenyans did not know?
What Kenyans did not know is that both Mwai Kibaki and Uhuru Kenyatta were projects of the former dictator Daniel arap Moi. To ensure that KANU rules for over 100 years as Joseph Kamotho, the former KANU Secretary-General declared, the ruling elites during Moi presidency dispatched Kibaki to the opposition to disorganize it. That is how Kenneth Matiba, who both Moi and Kibaki feared was stopped from becoming the president by dividing the Kikuyu votes in 1992. When Kibaki won the 2002 presidential elections, Uhuru conceded defeat easily because Kibaki belongs to the same camp of the ruling elites and therefore was going to continue with the same policies of the past.
Indeed, for the past 10 years of Kibaki presidency he brought back the policies of Jomo Kenyatta’s presidency, which he blended with those policies of Moi’s presidency. With Kibaki’s second term settled after rigging the December 2007 presidential elections , the KANU machine settled for Uhuru Kenyatta to succeed Kibaki. Uhuru Kenyatta represents the interests of the following familes: Jomo Kenyatta, Daniel arap Moi, Mwai Kibaki, Simeon Nyachae, Moses Budamba Mudavadi and a few others. Kenya “iko na wenyewe” (Kenya has its owners and Raila Odinga is not one of the shareholders of corporate entity called Kenya). The KANU Club has regrouped under project Uhuru Muigai Kenyatta.
The plan to rig the Kenya Presidential Elections 2013 was put in place well in advance. Immediately after Kibaki was rigged back to power after the December 2007 Presidential Elections and the formation of the forced marriage known commonly as the Coalition Government, Kibaki and those surrounding and supporting him, which include the Kikuyu Security Intelligence Service (aka the National Security Intelligence Service) went to the drawing board to work on a plan that would ensure that Uhuru Kenyatta would take over the presidency when Kibaki retires. When Uhuru Kenyatta, as the opposition leader, declined to contest the presidency in December 2007 and instead gave his support to Kibaki, that was the time an arrangement was reached that Uhuru will succeed Kibaki.

Uhuru Kenyatta had assumed power long before the presidential elections were conducted

Therefore, the grooming of Uhuru Kenyatta started in earnest with appointments to very strategic positions in the Coalition government as the Deputy Prime Minister and Finance Minister. Those who think that Uhuru Kenyatta started receiving intelligence briefing after being rigged and declared the president-elect are in darkness. The Kikuyu Security Intelligence Service has been working very closely with Uhuru Kenyatta on the succession politics since the inception of the Coalition government. Most of senior appointments in the government including Ministers on the side of PNU were done with Uhuru Kenyatta’s blessings. Kenyans still remember how Uhuru Kenyatta banged the table accusing Raila Odinga of frustrating the smooth operations of the government when Kibaki announced unilaterally, not appointed because the appointment was done by Uhuru Kenyatta, the appointment of Chief Justice, Attorney-General and Deputy Public Prosecutor (DPP), which Raila Odinga opposed since he was not consulted as required by the National Accord that ushered in the Coalition government.

The following is the geneology and a well coordinated plan that was put in place over the past 5 years by the Kikuyu Security Intelligence Service to ensure that Uhuru Kenyatta succeeds Mwai Kibaki:
Raila Odinga who is the most credible challenger and opponent to Uhuru’s presidency had to be stopped. To stop Raila from reclaiming his stolen presidential victory in December 2007, the Kikuyu Security Intelligence Service hatched a plot to destroy Raila’s political machine and vehicle; the ODM Political party. How? By ensuring that ODM is reduced to a one man show; Raila’s party and that of his Luo people. ODM had to be destroyed by all means possible so that the national outlook it enjoyed during the December 2007 general elections is dealt a big blow.

How was this to be acheived?

The former ODM Pentagon members had to be induced to desert Raila Odinga. Therefore, a strategy of both carrot and stick was employed by the the Kikuyu Security Intelligence Service to ensure that William Ruto, Najib Balala, Charity Ngilu, Joseph Nyaga and Musalia Mudavadi all left ODM as a sinking boat. The first to be approached was William Ruto who was considered very vulnerable due to the ongoing court cases both in Kenya and at the ICC in the Hague. The Kikuyu Security Intelligence Service informed Ruto that he could choose a bright future with Uhuru Kenyatta or a doomed one with Raila Odinga. Ruto was informed that Raila Odinga will never be allowed to be president of Kenya and was reminded that if Raila Odinga’s presidency was stolen in broad day light in December 2007, the same will be repeated in future elections.
Consequently, Ruto was reminded of his involvement in the post election violence of 2007/2008 and was warned that it was the Kikuyu Security Intelligence Service that provided evidence to the ICC and as such the case against him is water-tight. It was at this point that Ruto was dangled a carrot to choose between supporting Uhuru Kenyatta or continue following Raila Odinga to the dungeons since it is only the Kenya Government under Uhuru Kenyatta who will save Ruto from being jailed for over 50 years by the ICC. Ruto succumbed and was immediately enlisted and tasked to assist the Kikuyu Security Intelligence Service in destroying Raila politically.

It was agreed that the other former members of the ODM Pentagon would not leave the party at the same time with Ruto for two reasons; one, to help with information gathering; and two, to confuse Raila that he still had their support only for them to leave at the last minute when elections are around the corner thereby making Raila extremely vulnerable. Otherwise, all of them were induced with money and alot of it infact, and were all privy to the rigging of presidential elections 2013 since Raila will never be allowed to be president of Kenya so it would useless backing a donkey who is going no where.

Involvement of the Kikuyu Security Intelligence Service in rigging of Uhuru Kenyatta to the presidency

Confirmation of the involvement of the Kikuyu Security Intelligence Service in rigging of Uhuru Kenyatta to the presidency is all over the place for Kenyans and the world to see. The Kikuyu Security Intelligence Service beefed up security at the Bomas of Kenya a few moments before the Election & Boundary Commission declared Uhuru Kenyatta president -elect in the same manner heavily police officer stopped the KICC in December 2007 and forced the late Samuel Kivuiti to declare Kibaki as the “duly” elected president of the republic of Kenya.
By visiting Uhuru Kenyatta after a few days of being declared president-elect at his private residence and publicly saluting him infront of TV cameras, the Kikuyu Security Intelligence Service sent a strong message to Kenyans and the world that it has recognized Uhuru Kenyatta as the in-coming Commander-in-chief. The reigns of power shifted on that day from Kibaki to Uhuru Kenyatta. The story and photo by the press showing the Chief of Defence Forces General Julius Karangi saluting Uhuru Kenyatta at his private residence in the company of the Head of the Public Service Mr. Francis Kimemia has been removed.
However, there was another meeting that Uhuru Kenyatta had with the Security Chiefs in the presence of William Ruto. Here is the link regarding this meeting: http://www.nation.co.ke/News/politics/Uhuru-meets-security-chiefs/-/1064/1717688/-/118ju9w/-/index.html

With the decision of the Supreme court by the six (6) judges on Saturday, March 30, 2013, Kenya is quickly returning back into a police state as was the case during Moi dictatorship. Police are now arresting supporters of CORD indiscriminately all over the country. These are intimidation tactics to make Kenyans accept the Uhuru Kenyatta presidency; Kenyans must not relent; the darkest hour is the hour before dawn; change is coming to Kenya. Those who resist change by peaceful means are encouraging change through violent means.

KENYA: THE MUGO REPORT: March 2013

From: Mugo Muchiri
Los Angeles, CA
April 1, 2013

THE MUGO REPORT – March 2013

Q: Habari ndugu Mugo? How’ve you been?

Mugo: Njema kabisa. Hope wewe pia?

Q: Been very well, asante. I’m glad we get another chance to look at Kenya, and to review the events of this past month. Of course foremost are the elections that occurred slightly over 3 weeks ago, on March 4, 2013. I’d also like to talk about CORD alliance’s dispute of the presidential election as well as the ensuing judical process which culminated in a unanimous ruling by Kenya’s Supreme Court, in favor of President-elect Uhuru Kenyatta.

Mugo: Yep, quite a bit these past few weeks!

Q: Before we go into that, let’s start with a small, buried piece of news about water which is a pointer, in part, to why societies have elections in the first place. There was a recent commissioning of a new water borehole in the town of Ol Makau, Kajiado County. Ol Makau is near Namanga town, right at the Kenya-Tanzania border. The area experiences some pretty rough dry spells being a semi-arid area. What really struck me about this KSh 10 million World Vision sponsored development were two things: first, they didn’t announce great plans for a water project in the glare of cameras; they just did it! And second, this was completely off the grid, that is, it’s powered by solar.

Mugo: Yes, quite exciting indeed. Talk about making life more livable and less dangerous. Prior to the borehole coming on line, these pastoral residents had to walk long distances to lead their flock to water. As if that’s not enough, they’d still have to contend with predatory dangers when they finally got to a water source. It’s a hardscrubble living. So your point is spot on. Elections matter and with an 86% turnout, Kenyans showed the world what the word ‘emphatic’ is all about. For its own longevity, Government must provide basic services to all Kenyan communities, big and small.

Q: What’s the social impact of this, how many families does this provide a lifeline to?

Mugo: World Vision expects 1500 families to benefit as well as 700 animals. That’s made possible thanks to the 1 million liter holding tank. It’s quite laudable……a little step forward for the world, a large step forward for this Maasai community.

Q: Do you think we’ll see more of these developments in the near future?

Mugo: I hope so. The incoming team raised its ire against NGOs and their influence during the campaigns. So let’s see how vigorously they prosecute this notion of ‘Kenyans taking care of Kenyans.’ Service to the people is the raison d’être of any government. Hopefully, through their efforts Kenya becomes a water-secure nation soon. And by the way, these solar powered boreholes can have a regenerative impact on wildlife, not to mention the possibility of reducing human-wildlife conflicts.

Q: How so?

Mugo: Well one such illuminating example can be found at the MWABVI GAME RESERVE in Southern Malawi. What they’ve done there is to construct a borehole which, like the Ol Makau one, is solar powered and feeds about 24V directly to the pump. But instead of the water get pumped into a storage tank, it is instead directed to three or so large ponds, with each succeeding pond being at a slightly lower elevation. In other words, the first pond is higher than the second, and the second higher and so forth.

This way, when the first pond fills up, the overflow goes to the second pond and then on to the third. Now these ponds are where the wildlife comes to drink water either early in the morning or late into the evening. What I like about this model is that the weaker animals have choices; seeing an enemy at the first pond would naturally drive them to drink at the farthest one away.

The warden there says that this new situation has helped keep the animals from migrating in search of water during the dry season. He credits this more sedentary pattern to a significantly diminished human-wildlife contact.

Q: Sounds interesting. What are we looking at in terms of good old cash, how much does it cost to put this all up?

Mugo: Roughly 67,000 pounds back in 2009 when they implemented this project. The pump output is 8000 liters/day. Incidentally the rhino – both black and white – are being successfully bred at Mwabvi.

Q: Sounds like something KWS need to look at. Southern Africa is really a leader in the area of wildlife management and conservation and we can learn a lot from them, I’m sure. By the way, a buddy of mine Alex Njuguna from Long Beach, CA (via Kiambu) told me how amazing his trip to Krueger National Park in South Africa was.

Mugo: Yes, he’s one of our readers………..what’s up Alex? I haven’t been, but would love to go.

Q: Sawa. This was a real hot potato, bwana. But it appears to be cooled some, so let’s talk about the Kenyan election. WOW!!!!! Uhuru Muigai Kenyatta is in. He da man! Folks now have to get used to not calling him ‘Kamwana’(young lad in Gikuyu language) and start practicing ‘His Excellency’.

Mugo: A phenomenal achievement which all Kenyans need to heartily congratulate him and his running mate for. You have to hand it to them. Their sweat equity paid off big time. They traversed the country, pleaded with wananchi, extolled the virtues of their plans and so forth. At the end of the day, Uhuru’s side carried the day.

That said, I’d caution about the tenor of your remark about title and deference. Why we seem to want to rush to glorify leaders is baffling to me especially when you consider that leadership is about service. It’s about humility and a deep sense of responsibility. It’s not about being worshipped. I love Martha Karua for repeatedly coming back to the point that these folks are just like you and me. Respect them, yes…..but please do deify them, she said. After all power is relative – both in measure and duration. Kwani is Oloo Aringo in former President Moi’s will?

Q: Sawa. Let’s talk about the Supreme Court for a minute. Is there a stone they left unturned? This was quite the impressive bench, was it not?

Mugo: Yes kabisa. The ruling was a stroke of genius and the bench’s unanimity highly commendable. Any divisions on the bench would have opened the flood gates of conjecture and all manner of suppositions. This would have been quite unhealthy for what’s most important for Kenyans: the unity of the country, the cohesion of her people. Think about the fractured bench that decided the ‘Bush vs. Gore’ case. That decision contributed to a rocky first term for the President. Only in his second term, after his decisive win, was Bush really able to earn the respect of the side that didn’t vote for him in either cycle.

The togetherness of the Mutunga bench put a full stop to what you might call ‘Orengo talk.’ Notice how he’s been quite lately? Smidgens of negativity might still be here and there, but the direction of the national conversation is decidedly forward looking – it’s about the swearing-in ceremony; it’s about saying goodbye to the ‘zero tolerance’; it’s about the immediate task of putting together a Cabinet that signals freshness, regional balance and merit; it’s about the expectations of reaping the fruits of Kenya’s first ever truly free, fair, transparent and therefore credible presidential election . This is what happens when the rule of law is in effect.

Q: Prime Minister Raila Odinga has finally conceded defeat and sent goodwill wishes to President-elect Uhuru. Does the nation owe him a debt of gratitude for being gracious in his exit?

Mugo: Yes, but I don’t know that I’d use the word ‘gracious.’ If you listened to his statement after the court ruling, there was a lingering feeling of justice denied. It was the fully-throttled concession that one would expect from a statesman; rather it was a ‘nusu-mkate’ acknowledgement. Think about Romney saying that Barack Obama was “his president now” and asking his supporters to pray for him for wisdom. With Raila, you got the feeling that he hasn’t reached a destination called Finality.

Q: And I take it that your feelings of discomfort weren’t necessarily softened by his remarks on his most recent BBC interview?

Mugo: As I said, I would have loved it if he urged all his followers to give their unqualified support to the new government. Hilary Clinton comes to mind – her unequivocal support for Obama after her loss to him was critical in unifying a somewhat splintered Democratic party. Because of her, the Democrats approached the 2008 general election as a formidable force that ultimately delivered a victory for Obama and his agenda.

Q: I just can’t get my mind around how Raila lost this election. I mean it was his for the taking. How in your view did it happen?

Mugo: It’s an excellent question and one that I think historians will grapple with for a number of years to come. The biggest blow to his ambition to succeed Kibaki, in my view, was the news of mega corruption at the PM’s office. From a personal standpoint, I know that’s where my support for Raila started withering. Vilified as he certainly was, I think Miguna Miguna will come to be regarded as a singular force that unraveled Raila’s presidential ambitions.

There seems to have been a realization in ODM that to achieve equilibrium in government, they needed to begin to ‘eat’ and partake of the benefits of their‘nusu mkate’ or half loaf. The Maize scandal, the Kazi kwa Vijana scandal, the 800million hotel, the South African, Korean, Zambia and Malibu, California connections, $5000 suits, $250 belts…..all these just deflated my support. The fact that he chose not to address these issues brazenly and thoroughly; that he instead went on a name-calling spree to discredit Miguna, that really sealed the deal for me and many Kenyans I believe. “Qui tacet consentit” is a Latin phrase which means
silence implies consent.

Q: So you don’t think that his alienation of Ruto on both the Mau and ICC issues were mainly responsible for his deflation?

Mugo: These were important aspects, yes but they could have been overcome. The 800-lb gorilla was the perceived corruption, the opaqueness and temperament of the PM’s office. In particular, the Prime Minister got distracted, or at least appeared to so.

Q: How do you mean?

Mugo: Leadership is about service to the people. Only through effective leadership can the Kingmaker in this case finally get to be crowned. The PM and his team got distracted. He became a jet-setting Executive who rather preferred being seen in Davos than in Dago’s (Dagoretti Corner). He seemed to take pleasure in hobnobbing with world personalities and forgot that Kenyans wanted to see him leading in uprooting hyacinth in Lake Victoria so that the fishermen’s activities are unhindered. How could he finish a 5-year term and not even have a fish factory in Nyanza to show for it? We wanted to see him finally settle the Nubians in Kibera rather than give excuses for why the status quo remains; we wanted to see him settle IDPs rather than explain away bottlenecks in the bureaucracy that he’s supposed to supervise.

The wananchi didn’t see the benefit of all that travel which raked up millions upon millions of shillings. The PM’s team forgot that it’s not about which league Raila plays in, but rather about whether the ordinary wananchi are getting into a better league that THEY can play in. So this distraction, in my opinion, was another dagger into the heart of Raila’s presidential ambition. An excellent communicator but alas an ineffective leader!

Q: So he wasn’t being effective, he wasn’t hitting the home runs you expected?

Mugo: That’s right, he wasn’t. And ‘liberation, reform’ rhetoric can only take you so far. The vigor, vitality and creativity needed to propel the nation forward………did Kenyans see it in the Octogenarians around Raila? Maybe if kina Ntimama, Kosgey and Gumo could get past a 30-minute briefing without dozing off, then you might be convinced. But these are some of the lessons that I hope the Uhuru-Ruto team will be mindful of and avoid as they put their team together. You want the Mugo Kibatis, the Kokubos, the Martin Oduors, etc………. you need a spirited team.

Q: Haya, let’s wrap this up now. What are your wishes for President-elect Uhuru Kenyatta and his deputy William Ruto?

Mugo: You know I didn’t personally support them during the campaign and my reasons were quite clear. He who has lifted or cause to be lifted a machette against ANY human being didn’t deserve leadership, let alone the top two slots in the nation. But clearly a majority of Kenyans didn’t share that sentiment.

However now that the elections and petitions are over, the least we can do is offer our support to the new government and wish the President-elect luck. I hope Kenyans of all stripes align themselves with the Jubilee Alliance manifesto.

Q: Asante Bwana Mugo. It was refreshing talking with you, and I look forward to our next conversation next month.

Mugo: Thank you too, it was joy.

What a betrayal of trust that Kenyans had on the Supreme court

By Gordon Teti, on Monday, March 31, 2013

While making the decision that the presidential elections were free, fair, transparent and credible and that Uhuru Kenyatta and William Ruto were validly elected, the Judges of the… Supreme court forgot the REPORT on the re-tallying of votes that the same court ordered and the exercise conducted by the officials of the Supreme court. What a Contradiction and a confirmation that the verdict was as a result of pressure and bribery of the Judges.

This is the OFFICIAL REPORT regarding the scrutiny of the votes by the Supreme court itself just a day before the Judges turned around and disowned their own findings that there were numerous discrepacies in the conduct of the presidential elections. http://www.standardmedia.co.ke/images/friday/132959279-Scrutiny-Report-for-33-400-Polling-Stations.pdf

What Mutinga read was written by other forces and he was forced to read it, the speculation goes. How can such an important matter take a judge only five minutes to deliver the decision? Democracy on trial. Given that Chief Justice Dr. Willy Mutunga is in record to have complained publically that he had received a death threat pen and that he was blocked at the airport from leaving the country on a trip to Tanzania just a few days to the election, there is speculations, and rightfully so the judges were forced to make the decision that they read. The threat made to the Supreme court was widely reported as confirmed by Aljazeera “Kenya’s judiciary ‘threatened ahead of vote” Aljazeera further stated that according to the Kenya Chief Justice, several judges received threats warning them against disqualifying two presidential candidates. For details visit the link: http://www.aljazeera.com/news/asia-pacific/2013/02/2013220203128877741.html

What Kenyans did not know is that both Mwai Kibaki and Uhuru Kenyatta were projects of the former dictator Daniel arap Moi. To ensure that KANU rules for over 100 years as Joseph Kamotho, the former KANU Secretary-General declared, the ruling elites during Moi presidency dispatched Kibaki to the opposition to d…isorganize it. That is how Kenneth Matiba, who both Moi and Kibaki feared was stopped from becoming the president by dividing the Kikuyu votes in 1992. When Kibaki won the 2002 presidential elections, Uhuru conceded defeat easily because Kibaki belongs to the same camp of the ruling elites and therefore was going to continue with the same policies of the past.

What Kenyans did not know is that both Mwai Kibaki and Uhuru Kenyatta were projects of the former dictator Daniel arap Moi. To ensure that KANU rules for over 100 years as Joseph Kamotho, the former KANU Secretary-General declared, the ruling elites during Moi presidency dispatched Kibaki to the opposition to d…isorganize it. That is how Kenneth Matiba, who both Moi and Kibaki feared was stopped from becoming the president by dividing the Kikuyu votes in 1992. When Kibaki won the 2002 presidential elections, Uhuru conceded defeat easily because Kibaki belongs to the same camp of the ruling elites and therefore was going to continue with the same policies of the past.

Indeed, for the past 10 years of Kibaki presidency he brought back the policies of Jomo Kenyatta’s presidency, which he blended with those policies of Moi’s presidency. With Kibaki’s second term settled after rigging the December 2007 presidential elections , the KANU machine settled for Uhuru Kenyatta to succeed Kibaki. Uhuru Kenyatta represents the interests of the following familes: Jomo Kenyatta, Daniel arap Moi, Mwai Kibaki, Simeon Nyachae, Moses Budamba Mudavadi and a few others. Kenya “iko na wenyewe.” The KANU Club has regrouped project Uhuru Muigai Kenyatta.

The plan to rig the Kenya Presidential Elections 2013 was put in place well in advance. Immediately after Kibaki was rigged back to power after the December 2007 Presidential Elections and the formation of the forced marriage known commonly as the Coalition Government, Kibaki and those surrounding and supporting him, which include the Kikuyu Security Intelligence Service (aka the National Security Intelligence Service) went to the drawing board to work on a plan that will ensure that Uhuru Kenyatta would take over the presidency when Kibaki retires. When Uhuru Kenyatta, as the opposition leader, declined to contest the presidency in December 2007 and instead gave his support to Kibaki, that was the time an arrangement was reached that Uhuru will succeed Kibaki.

Therefore, the grooming of Uhuru Kenyatta started in earnest with appointments to very strategic positions in the Coalition government as the Deputy Prime Minister and Finance Minister. Those who think that Uhuru Kenyatta started receiving intelligence briefing after being rigged and declared the president-elect are in darkness. The Kikuyu Security Intelligence Service has been working very closely with Uhuru Kenyatta on the succession politics since the inception of the Coalition government.

The following is the geneology and a well coordinated plan that was put in place over the past 5 years by the Kikuyu Security Intelligence Service to ensure that Uhuru Kenyatta succeeds Mwai Kibaki:

Raila Odinga who is the most credible challenger and opponent to Uhuru’s presidency had to be stopped. To stop Raila from reclaiming his stolen presidential victory in December 2007, the Kikuyu Security Intelligence Service hatched a plot to destroy Raila’s political machine and vehicle; the ODM Political party. How? By ensuring that ODM is reduced to a one man show; Raila’s party and that of his luo people. ODM had to be reduced by all means possible so that the national outlook it enjoyed during the December 2007 general elections is dealt a big blow.

How was this to be acheived? The former ODM Pentagon members had to be induced to desert Raila Odinga. Therefore, a strategy of both carrot and stick was employed by the the Kikuyu Security Intelligence Service to ensure that William Ruto, Najib Balala, Charity Ngilu, Joseph Nyaga and Musalia Mudavadi all left ODM as a sinking boat. The first to be approached was William Ruto who was considered very vulnerable due to the ongoing court cases both in Kenya and at the ICC in the Hague. The Kikuyu Security Intelligence Service informed Ruto that he could choose a bright future with Uhuru Kenyatta or a doomed one with Raila Odinga. Ruto was informed that Raila Odinga will never be allowed to be president of Kenya and was reminded that if Raila Odinga’s presidency was stolen in broad day light in December 2007, the same will be repeated in future elections.

Consequently, Ruto was reminded of his involvement in the post election violence of 2007/2008 and was warned that it was the Kikuyu Security Intelligence Service that provided evidence to the ICC and as such the case against him is water-tight. It was at this point that Ruto was dangled a carrot to choose between supporting Uhuru Kenyatta or continue following Raila Odinga to the dungeons since it is only the Kenya Government under Uhuru Kenyatta who will save Ruto from being jailed for over 50 years by the ICC. Ruto succumbed and was immediately enlisted and tasked to assist the Kikuyu Security Intelligence Service in destroying Raila politically.

It was agreed that the other former members of the ODM Pentagon would not leave the party at the same time with Ruto for two reasons; one, to help with information gathering; and two, to confuse Raila that he still had their support only for them to leave at the last minute when elections are around the corner thereby making Raila extremely vulnerable. Otherwise, all of them were induced with money and alot of it infact, and were all privy to the rigging of presidential elections 2013 since Raila will never be allowed to be president of Kenya so it would useless backing a donkey who is going no where.

Confirmation of the involvement of the Kikuyu Security Intelligence Service in rigging of Uhuru Kenyatta to the presidency is all over the place for Kenyans and the world to see. The Kikuyu Security Intelligence Service beefed up security at the Bomas of Kenya a few moments before the Election & Boundary Commission declared Uhuru Kenyatta president -elect in the same manner heavily police officer stopped the KICC in December 2007 and forced the late Samuel Kivuiti to declare Kibaki as the “duly” elected president of the republic of Kenya.

By visiting Uhuru Kenyatta after a few days of being declared president-elect at his private residence and publicly saluting him infront of TV cameras, the Kikuyu Security Intelligence Service sent a strong message to Kenyans and the world that it has recognized Uhuru Kenyatta as the in-coming Commander-in-chief. The reigns of power shifted on that day from Kibaki to Uhuru Kenyatta. The story and photo by the press showing the Chief of Defence Forces General Julius Karangi saluting Uhuru Kenyatta at his private residence in the company of the Head of the Public Service Mr. Francis Kimemia has been removed.

However, there was another meeting that Uhuru Kenyatta had with the Security Chiefs in the presence of William Ruto. Here is the link regarding this meeting: http://www.nation.co.ke/News/politics/Uhuru-meets-security-chiefs/-/1064/1717688/-/118ju9w/-/index.html

For the love of Kenya Raila Amolo Odinga has done it again

By Gordon Teti

It is not a secret that Kibaki handed over power to the military immediately Uhuru Kenyatta was rigged as the president-elect. It is not a secret that the military went to Uhuru Kenyatta’s home and saluted him. That salute by the head of the military was symbolic. By saluting Uhuru Kenyatta at his private home in front of camera, the military told Kenyans and the world that it would be either Uhuru Kenyatta or the military that will the wield the reigns of power after Kibaki.

After Kibaki handed-over power to the military, the Judges of the Supreme court had to decide between military rule and that of Uhuru Kenyatta. The Judges had to decide between the lesser of the two evils and they opted for Uhuru Kenyatta instead of military rule as a lesser evil.

Kenyans will one day remember how Raila Amolo Odinga has sacrificed alot for a better and more democratic Kenya. By Raila Odinga accepting the decision of the court, he once again as he did in 2007, sacrificed his electoral victory for the sake of Kenyans and Kenya. God will bless Raila Amolo Odinga for his love for the country rather than for self.

KENYA: POLICE BAN DEMOS A HEAD OF RULING

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: SCORE OF HOUSES TORCHED IN TINDERET IN SOUTH NANDI DISTRICT FOLLOWING FLARE UP BETWEEN THE TALAI AND LOCAL COMMUNITY OVER CLAIMS OF WITCHECRAFT.

Reports Leo Odera Omolo

Seven dwelling houses were set ablaze by unidentified attackers forcing 19 families members of the Talai {Laibons} to flee from their homes narrowly escaping deaths.

The Talai, a, minority community or a sub-clan with sorcerers who are scattered in most of the Kalenjin sub-tribes have had no peace ever since they were forcefully evicted from their ancestral land by the colonial administration in 1934 and forced into exile in the remotest area of Southern Nyanza.

The Talai suffered the brunt of colonial persecution including forced exile out of their ancestral land in Kericho, Nandi, Baringo and other places over the accusation that they practiced witchcraft, Close to 2700 members of the sub-clan together with their herds of cattle and other domesticated animals were forced out of their land in 1934 following a proclamation endorsed by the colonial legislative Council.

The colonialists worked in collaboration with chiefs, white missionaries and white settlers who accused them of sensitizing the community against giving their land away for the plantation of tea bushes in Kericho and Nandi Hill region at the turn of the 20th century.

It was hoped most of them would die of starvation and lack of water for themselves and their animals. They were settled on top of Gwassi Hills in what is today called Gwassi district in the Suba region. Heir hard-core leaders were taken cross the Lake Victoria and exiled on Mangano Island. Others were consigned to detention camps in Nyeri and other places far away from their homes.

It was in 1962 when the diminutive Kipsigis politician, who was then the Member of the Legislative Council for Kipsigis, Dr. Taaitta Araap Towett, moved a motion in the Council and urged the government to revoke the ordinance that had banned the Talai community from Gwassi so that they could go back to their ancestral land and live happily among their fellow Kalenjin

Upon their return, the majority got scattered among many areas within the North and South rift regins and purchased farms,while other remain and less and have been living under a very squalid condition on a two acre Municipal land in Kericho Municipalty. All the previous governments had promised to secure land plots for the Talai, but in vain.

The Talai began mass exodus from Gwassi to their homes in Nandi, Baringo and other places. Unfortunately there was no land to settle them back home because when they were living in exile, the Land Consolidation Programme and land adjudication were introduce and all their land were dished out to other people. To the surprise and shocking of the colonial administration the Talai population had doubled and close to 7,000 could be accounted during their return in 1962.

This is the clan of the renown freedom fighter, Koitalel Arap Samoei, who was shot and killed by the British soldiers IN 1905, He was betrayed and lured into a faked peace talk where he was shot by a British soldier and killed. Nandi rebellion that lasted for close to nine years during which the Nandi warriors engaged the British expedition forces in running battles thereby sabotaging and preventing the construction of the Mombasa-Kisumu Railway line.

Descendants of Koitalel Arap Samoe had settled in Kbirer village in Tinderet in the Nandi Hills district. But on Tuesday night last week unknown persons had invaded the village and torched several houses forcing the occupants to run for shelter into the nearby church. The Talai said they had been warned of the consequences by the local community who claims they were practicing witchcraft causing the villagers some misfortunes.

Former Kapsisiywo civic leader David Sulo said the community had lived peacefully with their neighbors in Kabbirer for close to 50 year, but he suspected the latest flare up as politically motivated as the Talai had coexisted with their neighbors harmoniously for many years. He called upon the Provincial administration in Nandi Hills to intervene and restore order. He could not disclose the location of the whereabouts of those who hadn’t taken shelter in the churches for security reasons.

An impeccable source in Nandi Hills said that three people have already been apprehended and put into police custody on suspicion of being involved in the incident, and police were actively hunting for the rest.

Kabirer Locational Chief Sammy Keter could not tell the exact number of those in custody. The Nandi Hills D.C could not be reached for his immediate comment over the incident which has been roundly condemned by politicians and leaders in the entire Nandi Coounty.

Ends

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

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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For Kenya, For Peace, For Justice

From: Wazi Campaign

Our country has had a rocky past. We have witnessed difficult times as a nation but that should not prevent us from believing in a great future!

That is why,in our latest Public Service Announcement, we look to the future while still appreciating the dark past of machetes and wounds. Watch it today and help heal our country by sharing it out: http://youtu.be/jLPZ1_F1-Ko

KENYA NI JINA, NCHI NI WEWE
YouTube: www.youtube.com/user/thewazicampaign
Twitter: www.twitter.com/thewazicampaign
Facebook:www.facebook.com/thewazicampaign

KENYA: ALREADY SETTLED IDP AND FORMER MAU FOREST SETTLERS ARE SNEAKING BACK and forcefully RECLAIMING THEIR FARMS – – EVEN THOSE WHO HAD SOLD THEIRS.

Writes Leo Odera Omolo In Kericho town.

UNCONFIRMED reports making the round in this town says, that some of the already settled IDPs and former illegal settlers in Mau Forest water catchment areas were slowly sneaking back and forcefully demanding that those who had been allocated the land by the government quit.

Some of them are allegedly returning to both Mau Forest and Mau Narok and other areas like Molo, Elburgon, Likia, Njro, Kuresoi and even in Uasin Gishu, Burnt Forest and forcefully demanding back their old farms. Other unconfirmed allegations say the returnees are always coming in the company of armed security personnel.

THe common saying is that with the new Jubilee government likely to be in office soon after the March 4, 2013 general election, even those who were forcefully expelled from their farms as the skirmishes of 1992 / 93, 1996 / 1997 and 2007 / 2008 are sneaking back and putting up new houses in some places where the government had already spent the colossal amount of money in reforestation efforts.

Our informer who requested for his name to be kept anonymous for fear of reprisals said those returning to the vacated land are members of the two communities, namely the Kikuyus and the Kalenjin, and that tensions is likely to go up in the region.

He said he had some information that even those former settlers who sold their land on their own volition long time ago before the tribal skirmishes were now demanding their property back in total disregard of new developments already made by new owners on such property. This, he added, is likely to raise political temperature by way of touching on old wounds.

New settlers have also been sighted in the Mau West and Mau Narok, Kuresoi and areas, while new structures have also
. . .

KENYA: CLERIC DENIES CLAIMS THAT KENYA’S PRESIDENT – ELECT UHURU KENYATTA NARROWLY ESCAPED SNAKE BITE INSIDE HER WORSHIP PLACE IN THE COASTAL WON OF MOMBASA

Writes Leo Odera Omolo

A female cleric has severely criticized the media report over a highly sensational report that a highly venomous African bush-snake almost struck Kenya’s President – elect Uhuru Muigai Kenyatta when he attended the church service with other worshipers in her church.

The incident took place when the Kenyan leader went to worship at a church, which situated at the Coastal port City of Mombasa two weeks ago.

Bishop Mary Kagendo Francis of the Kisimu Cha Mwana wa Daudi church also denied that the reptile had slithered into the place of warship where Mr Kenyatta was seated and was with9n the striking distance, but it was quickly shot and killed by one of the presidential security guards after it attempted to attack the jubilee leader.

The Bishop was quoted by the Kenya News Agency {KNA]as saying she only learnt of the snake story through the media and after some enquiries, but she discovered that it was only a small green mamba snake, which was killed by a young boy using a walking stick.

Speaking in Kitui about 100 kilometers south east of Mombasa after conducting a crusade at her Mlango home, Bishop Kagendo blamed the local media for over-blowing the report thereby creating national storm out of a small incident, adding that wildlife animals are always frequenting as a garden situated outside her church.

“We have monkeys, baboons, birds and occasionally we see snakes at our place of worshipping, but we cannot resort to killing them because we embrace nature,” Bishop Kagendo said.

She said that he church attracts a huge crowd of worshippers at time forcing them into open air prayers where they do occasional interacting with wild animals is inevitable.

He Bishop also down played claims that the snake could have been sent by Mr Kenyatta’s political nemesis or the work of witchcraft was involved.

The cleric, however, vowed to take some actions against those peddled this information terming them as alarmist.

Ends

Kenya: Votes Re-tallying Ordered

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.

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.

Is Ahmednasir a device of great ingenuity?

From: Judy Miriga

Ma good people,

The Former IEBC critic Ahmednasir Evidence in Court is camauflague prejudicial…….This approach is dazzling after criticizing IEBC transparency and failed legitimacy of political independence and integrity. This is definately confuses observers when he now becomes IEBC its sole advocate in the Supreme Court with a conspicuous combination of materials pattern which many observers view and consider it as questionable with high contrast coloration that could be logically disruptive with an aim to eliminate or confuse focus in the shadow of truth; a pattern expected to provide counter-shading glasses that confuses but causes blurry vision making the object visible but momentarily harder to locate its critics on matters of credibility.

Is Ahmednasir a device of great ingenuity? Is conflict of interest acceptable???

How the Supreme Court will view and handle this scenario is for us to keenly watch……….

It is because, Kenya is not a personal property nor does it belong to some special interest community……..Let them do their colaborative dwanya spin, the world is watching and we aint going anywhere any time soon, we are here to see the end of it all ……..!!!

Aint we feeding on Juicy stuff ma people……???

Love you all good people, let us all continue to exercise the maturity of excellence and we wont go wrong !!!!

Cheers !!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
and Special Coordinator Representative for Pan Africa
World African Diaspora Union (WADU)
in Maryland, Virginia and DC

– – – – – – – – – – –

NTV Kenya Livestream


Streamed live on Feb 8, 2013
http://www.ntv.co.ke/live
This is a live NTV feed straight from our studios at Nation Centre, Nairobi.
*This stream is not available at all times due to restrictions on some of our programming content.Please bear with us.

Live Feed: Supreme Court holds presidential petition pre-trial hearing

Posted by admin on Monday, March 25, 2013 · Leave a Comment
Presidential Election Petition pre-trial conference currently underway at the Supreme Court. It is holding the pre-trial hearing of the three petitions challenging the validity of the presidential results and is expected to zero down on the main issues raised by the litigants.

Critic to defender: Former IEBC critic Ahmednasir changes tune

Published on Mar 24, 2013
http://www.ntv.co.ke
Did the IEBC pass the integrity test? That is the question that many perhaps are asking, now that the critic is in their defense team. Ahmednasir Abdullahi a prominent lawyer raised several pertinent questions concerning the integrity of the Commission and its commissioners more than a month before the March 4th election. In an opinion piece published by The Daily Nation on 3rd February 2013, Abdullahi is however representing the IEBC in the CORD petition that seeks to nullify the declaration of Uhuru Kenyatta as president elect. So what changed in two months? NTV’s Ken Mijungu takes a look at Abdullahi then and now.

Supreme Court Set For Epic Legal Showdown

Published on Mar 24, 2013
The stage is set for the epic legal showdown at the Supreme Court, as the highest court in the land begins to hear and determine three presidential election petitions starting Monday. The 6-Judge bench and the defence teams will on Monday meet for a pre-trial conference which is expected to, among other things, isolate the key issues in the petitions and set the ground rules during the hearings to ensure expeditious conclusion of the cases within the remaining 6 days as provided for in the constitution. And as Francis Gachuri reports, the verdict of the Judges, expected to be delivered later in the week will be final.

Supreme Court holds presidential petition pre-trial hearing
By EMMANURL TOILI etoili@ke.nationmedia.com
Posted Monday, March 25 2013 at 15:00

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.

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.

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.

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.

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: Mr. Ahmednasir Abdulahi

from: odhiambo okecth

Friends,

This was on 2nd February 2013 by Mr. Ahmednasir Abdulahi-

I have read it over and made up my mind about the author. He believes in nothing and was simply penning this to catch the eyes of the IEBC to offer him a job.

I believe that he is an overrated lawyer who thinks that he knows it all, because, I cannot imagine that the same auther is now in court defending the IEBC from accusations he says he witnessed.

We are building a Nation where dishonesty rules and this is perpetuated by the forces of darkness represented by such people of no value.

In the past two weeks, the political scene was dominated by two principal actors who played complementary roles in the nomination of candidates for political office.

These are the various political parties that processed the nomination of their members, and the Independent Electoral and Boundaries Commission (IEBC).

Both players fell way short of people’s expectations. They conspired and turned the nominations into a shameful charade. Whereas we all know these political parties are neither democratic nor well funded and, in some instances, privately owned – and Kenyans are too willing to excuse their failures – the calamitous performance by the IEBC was more profound.

Kenyans have rarely been critical of the IEBC even when the commission would have benefited from some biting criticism. A number of factors inform this undeserved deference. First, because of the reconstruction of the commission and the process of its reconstitution, the commission is seen as an improvement on its predecessor.

Second, Kenyans simply don’t want to think for a moment what would happen if the commission bungled the election as it happened in 2007. This is one commission that forced many Kenyans into silence using fear as immunity from public scrutiny.

Third, the commission has successfully conducted the constitutional referendum and a number of by-elections.

These positives have negative counterweights. First, the voter registration was the same as five years ago, showing a poor penetration. Second, voter education has never been more dismal. Third – and this is where all the problems emanate from – the commission is not very transparent when it comes to money matters. It has failed one test after another where procurement and financial probity are concerned.

The issues of financial management have a profound bearing on electoral integrity. If the IEBC can’t pass the test of financial integrity, Kenyans shouldn’t expect it to pass electoral probity and integrity. The latest query it faces is the procurement of ballot papers which were described by a High Court judge as “indiscriminate and clandestine”.

We all hear how this tender was single-sourced by one official and how many millions of dollars he was given. I don’t want to remind Kenyans how the biometric kit tender worth Sh3 billion ended up costing the taxpayer Sh8 billion, and how the difference was shared out. And we are silent on all these because of our fears.

Coming back to the conduct of the IEBC on the nomination process, I saw danger signs of a systemic lack of integrity, disregard for the law, lack of political independence, pandering to politicians and outright corruption.

This I observed first-hand as a lawyer who participated in the process. This is worrying in that, having seen how some of the commissioners cut corners with the law and integrity, what guarantees do we have that the same commissioners will not do the same on March 4?

The IEBC deliberately turned a blind eye to the law. It refused to adhere to the law. For instance, candidates who did multiple defections were given nomination certificates contrary to the law.

Candidates with multiple party certificates were cleared. Influential politicians were consulted in hotel rooms by members of the commission on how to rule on sensitive cases.

Most alarming, and this out of my civic duty, I have shared my utter disbelief with the chairman of the commission on the conduct of a commissioner.

This commissioner, using male relatives, was calling parties with cases before the commissioners and soliciting bribes. His modus operandi was to inform the victim that he already had an offer from the complainant and that he would rule in favour of the accused if the counter offer was better. Can we entrust such a commissioner with our fate on March 4? I have my fears.

Ahmednasir Abdullahi is the publisher, Nairobi Law Monthly ahmednasir@nairobilawmonthly.com

Kenya: Celebrating Mediocrity of the Kenyan Media

from: odhiambo okecth

Hahahah Jonah,

This Photo was actually taken on the 13th December 2013 when we hosted a joint Press Conference with Chairman Hassan, the PC Nairobi and several IEBC Commissioners inviting Kenyans to Register as Voters.

You will remember IEBC did a lot of work with several groups and we all hoped that we were working for a Clean Process.

I was hence also taken aback to see this Photo in The Standard of today. It might give the false impression that I am party to what Chairman Hassan is saying. It might also give the impression that I conform to how IEBC has conducted itself.

I do not and I remain a firm believer in a Clean, Clear, Fair and Transparent ways of managing elections.

We are asking The Standard Group to make that correction.

Peace and blessings,

Oto

— On Mon, 3/25/13, Jonah Ogaro wrote:

From: Jonah Ogaro
Subject: Celebrating Mediocrity of the Kenyan Media
Date: Monday, March 25, 2013, 1:52 AM

Ndugu Odhiambo

On Page 7 of Standard, I saw a true copy of yourself seated besides Mr. Issack Hassan of IEBC. What is cooking? Are you now an employee of IEBC?

Date: Mon, 25 Mar 2013 01:40:22 -0700
From: komarockswatch@ . . ,
Subject: [PK] Celebrating Mediocrity of the Kenyan Media

Friends,

We have come full circle and today, after some thorough soul searching, I want to ask: of what value is the Kenyan Media to Kenyans and the World?

As I was posing this question to colleagues at the office this morning, Wex pointed out to me an article by Clay Muganda, an article which escaped me but one worth reading- An inspiring article worth reading by Clay Muganda…

Now, in the US, sorry to give this reference again, I was so impressed by the CNN Journalists who were able to give us clear projections as Americans went to the ballot in November 2012. Through the Exit Polls, they were able to call the Elections in favour of President Barrack Obama, and they did this in real time. Within minutes of the last man casting his votes, their equivalent of our Dependent Electoral and Boundaries Commission announced Barrack Obama as having won back his seat and with a landslide. The Elections were never as projected by Opinion Polls- too close to call. It was a clear Usain Bolt win, where one can never dispute.

In Kenya, our Journalists were glued to returns as posted by the IEBC at a time when they had the capacity to report on results as recorded from Form 34s across all the polling stations in the Country. As Journalist, it was their responsibility to inform Kenyans on what was going on and on who was getting what where.

That the IEBC could gag the Media on releasing results is something that calls to question the independence of our Journalists and the Media Houses. How can we trust the Media if they can be this easily compromised and restricted?

[image]http://4.bp.blogspot.com/-BZ5M27cbQqo/UVAEXg5pN0I/AAAAAAAADWs/Xsvjh6dspS4/s1600/313876_10200479885665806_1801707901_n.jpgThe Kenyan Media is rapidly also becoming part of our Dirty Environment that we must all join hands in Cleaning

Was there a Conspiracy of Silence between the Media, the IEBC and the Dark Forces that were hell-bent on turning the wheels of change and reforms backwards? Can we find the Media complicit in the mass electoral fraud that Kenyans witnessed?

I am convinced that our Media Houses need to apologize to Kenyans and the World on their incompetence and sloppy handling of the Kenyan General Elections of 4th March 2013. I am also taking offense that The Standars Newspaper can have the audacity to use my Photo with Chairman Isaac Hassan in todays issue of The Standard at page 7 on a matter that I have no idea about. This is simply professional incompetence which I want to condemn.

That photo was taken on the 13th December 2012 when we as The Clean Africa Campaign joined in helping to mobilize Kenyans to Register as Voters and it has no relevance to the current situation in which Chairman Hassan has found himself in. To use the same photo now would create the impression that I am also enjoined in the electoral deceit that the whole World is witnessing. I am not party to that and I am having my Lawyers write to The Standard about this.

Lastly, even as the IEBC was releasing what they called Final Results, they read results from all the 290 Constituencies across Kenya. How come no Journalist interrogated this? The best a smart Journalist could have done was simply to play the tapes again and tally the results as they were announced and match this to the phantoms that IEBC posted as their last results.

I accuse the Kenyan Media and our Journalists for taking Kenyans and the whole World for fools.

Odhiambo T Oketch,
Executive Director,
The Clean Africa Campaign-TCAC,
Tel; 0724 365 557,
http://kcdnkomarockswatch.blogspot.com
Nairobi Kenya.

The Clean Africa Campaign is an Initiative of KCDN Kenya.

HOW THE KIKUYU INTELLIGENCE FORCED UHURU KENYATTA AS PRESIDENT OF KENYA

From: Gordon Teti

What Kenyans did not know is that both Mwai Kibaki and Uhuru Kenyatta were projects of the former dictator Daniel arap Moi. To ensure that KANU rules for over 100 years as Joseph Kamotho, the former KANU Secretary-General declared, the ruling elites during Moi presidency dispatched Kibaki to the opposition to disorganize it. That is how Kenneth Matiba, who both Moi and Kibaki feared was stopped from becoming the president by dividing the Kikuyu votes in 1992. When Kibaki won the 2002 presidential elections, Uhuru conceded defeat easily because Kibaki belongs to the same camp of the ruling elites and therefore was going to continue with the same policies of the past. Indeed, for the past 10 years of Kibaki presidency he brought back the policiesJomo Kenyatta’s presidency, which he blended with those policies of Moi presidency. With Kibaki’ssettled second term settled after rigging the December 2007 presidential elections , the KANU machine settled for Uhuru Kenyatta to succeed Kibaki. Uhuru Kenyatta represents the interests of the following familes: Jomo Kenyatta, Daniel arap Moi, Mwai Kibaki, Simeon Nyachae, Moses Budamba Mudavadi and a few others.

The plan to rig the Kenya Presidential Elections 2013 was put in place well in advance. Immediately after Kibaki was rigged back to power after the December 2007 Presidential Elections and the formation of the forced marriage known commonly as the Coalition Government, Kibaki and those surrounding and supporting him, which include the Kikuyu Security Intelligence Service (aka the National Security Intelligence Service) went to the drawing board to work on a plan that will ensure that Uhuru Kenyatta would take over the presidency when Kibaki retires. When Uhuru Kenyatta, as the opposition leader, declined to contest the presidency in December 2007 and instead gave his support to Kibaki, that was the time an arrangement was reached that Uhuru will succeed Kibaki.Therefore, the grooming of Uhuru Kenyatta started in earnest with appointments to very strategic positions in the Coalition government as the Deputy Prime Minister and Finance Minister. Those who think that Uhuru Kenyatta started receiving intelligence briefing after being rigged and declared the president-elect are in darkness. The Kikuyu Security Intelligence Service has been working very closely with Uhuru Kenyatta on the succession politics since the inception of the Coalition government.

The following is the geneology and a well coordinated plan that was put in place over the past 5 years by the Kikuyu Security Intelligence Service to ensure that Uhuru Kenyatta succeeds Mwai Kibaki:

Raila Odinga who is the most credible challenger and opponent to Uhuru’s presidency had to be stopped. To stop Raila from reclaiming his stolen presidential victory in December 2007, the Kikuyu Security Intelligence Service hatched a plot to destroy Raila’s political machine and vehicle; the ODM Political party. How? By ensuring that ODM is reduced to a one man show; Raila’s party and that of his luo people. ODM had to be reduced by all means possible so that the national outlook it enjoyed during the December 2007 general elections is dealt a big blow.

How was this to be acheived? The former ODM Pentagon members had to be induced to desert Raila Odinga. Therefore, a strategy of both carrot and stick was employed by the the Kikuyu Security Intelligence Service to ensure that William Ruto, Najib Balala, Charity Ngilu, Joseph Nyaga and Musalia Mudavadi all left ODM as a sinking boat. The first to be approached was William Ruto who was considered very vulnerable due to the ongoing court cases both in Kenya and at the ICC in the Hague. The Kikuyu Security Intelligence Service informed Ruto that he could choose a bright future with Uhuru Kenyatta or a doomed one with Raila Odinga. Ruto was informed that Raila Odinga will never be allowed to be president of Kenya and was reminded that if Raila Odinga’s presidency was stolen in broad day light in December 2007, the same will be repeated in future elections.

Consequently, Ruto was reminded of his involvement in the post election violence of 2007/2008 and was warned that it was the Kikuyu Security Intelligence Service that provided evidence to the ICC and as such the case against him is water-tight. It was at this point that Ruto was dangled a carrot to choose between supporting Uhuru Kenyatta or continue following Raila Odinga to the dungeons since it is only the Kenya Government under Uhuru Kenyatta who will save Ruto from being jailed for over 50 years by the ICC. Ruto succumbed and was immediately enlisted and tasked to assist the Kikuyu Security Intelligence Service in destroying Raila politically. It was agreed that the other former members of the ODM Pentagon would not leave the party at the same time with Ruto for two reasons; one, to help with information gathering; and two, to confuse Raila that he still had their support only for them to leave at the last minute when elections are around the corner thereby making Raila extremely vulnerable. Otherwise, all of them were induced with money and alot of it infact, and were all privy to the rigging of presidential elections 2013 since Raila will never be allowed to be president of Kenya so it would useless backing a donkey who is going no where.

Confirmation of the involvement of the Kikuyu Security Intelligence Service in rigging of Uhuru Kenyatta to the presidency is all over the place for Kenyans and the world to see. The Kikuyu Security Intelligence Service beefed up security at the Bomas of Kenya a few moments before the Election & Boundary Commission declared Uhuru Kenyatta president -elect in the same manner heavily police officer stopped the KICC in December 2007 and forced the late Samuel Kivuiti to declare Kibaki as the “duly” elected president of the republic of Kenya.

By visiting Uhuru Kenyatta after a few days of being declared president-elect at his private residence and publicly saluting him infront of TV cameras, the Kikuyu Security Intelligence Service sent a strong message to Kenyans and the world that it has recognized Uhuru Kenyatta as the in-coming Commander-in-chief. The reigns of power shifted on that day from Kibaki to Uhuru Kenyatta.

Closely after the Kikuyu Security Intelligence Service visited Uhuru and saulted him at private residence, President Kibaki invited Uhuru Kenyatta and William Ruto to the State House and completed the transfer of power.

After the State House visit, to confirm that power is being transferred to Uhuru Kenyatta by Kibaki, Uhuru was flown to Mombasa using the presidential jet and while in Mombasa, he was received and treated by the Coast Province senior government and security officials as the president.

To complete the transfer of power from Kibaki to Uhuru Kenyatta, Kibaki finally relinguished all the power of the Commander-in-Chief to Uhuru Kenyatta through the Kikuyu Security Intelligence Service when the military bade him farewell last week. Kenyans should therefore not be cheated, Uhuru Kenyatta with the support of the Kikuyu Security Intelligence Service has been forced to the Kenyan people as the president.

KENYA: STARK MADNESS

From: Judy Miriga

Folks,

Stark madness of IEBC /chairman Issac Hassan by Miguna Miguna, well said, and this I agree it is timely and well put statement. BUT, where is this Issac Hassan spreaking from??? Is he in the Country or outside the country……..something does not seem right here…….if it is without, why would he be speaking from without and not within….??? Why is this part left a loof not saying anything about it and is not clarified by the authrotities ……………

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

– – – – – – – – – – –

STARK MADNESS
March 20, 2013
[image]
http://www.kenya-today.com/opinion/stark-madness

March 20, 2013|Posted in: Opinion
By: Obilo Kobilo

Something happened this week which interests me so much to being tickled. Someone opened up and glared through the lenses of the camera to pour venoms on the character and personality of one of the presidential candidate striking jarring echoes from the outburst of one senior counsel James Orengo regarding the moribund IEBC.

Yes Isaac Hassan,the gold medal for linguistic and logical incoherence winner according to Miguna Miguna, filed his response regarding the petition challenging the son of Jomo from assuming the presidency.

His defense revolved around the issue of Raila not conceding defeat in any election tracing the behavior from 1997 General Election. He triggered this with a murderous rage challenging the Supreme Court to ignore the petition since according to him it lacked ground meriting presidential electoral malpractice.

I do not wish to give his assertions currency beyond their nuisance logical and legal proof but rather dissect the circumstances leading to filling the petition of which was born immediately the “doctored election results” were announced.

Anybody talking about elections held during Moi’s era as being free and fair and did not merit being contested is seriously abrogating our intellectual recollection of an era characterized by wobbly leadership perpetuated with feudal state under one monolith that ensured that leadership did no evolve.

In 2002, Raila who never concedes defeat according to the incoherent IEBC boss, bolt from the blue and surprised many with his KIBAKI TOSHA declaration.

In 2007, the circumstances that graced the declaration of Kibaki as the third President of this Republic were disputed by even the International observers including the ECK Chairman who later confessed to have not known who won fairly.

So Mr. Chairman, did you expect Raila to concede defeats in an election where even the Chairman of the body mandated to oversee the process is lost as to who is actually the winner?

You only opt for character assassination and terrorize the other side into submission through emotional loaded verbatim when you are in an undercover mission.

John Lily pictured this scenario when he laments that he that closet his honesty has nothing else to lose including a court petition. Isaak Hassan the de facto declarer of disputed election results has nothing else to lose…credibility is gone, honesty had been sold, trustworthiness never existed in his mainstream channel of values.

To hem and haw on appeals and other imprecise legalisms only affirms the wretched foundation of philosophy that drives people like Isaak Hassan who have been mandated with the pertinent constitutional obligations that draw the life and death line of our constitution.

To me, Hassan’s response should be best treated as a mediocre era of aberration to shift attention to real issues which require response like what led to the collapse of electronic voter tallying. Under whose instructions was the number of rejected votes being multiplied at the national tallying center?

Land reforms team faces new hurdles

[image]National Land Commission chairman Mohammed Swazuri. Photo/FILE NATION

By JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Sunday, March 24 2013 at 00:30

In Summary

Commission has come up against bureaucratic and financial hurdles

Activists fear the nine-member commission may be hamstrung as it gets off to a rocky start

After three quiet weeks in office, the National Land Commission came out last week to declare that it is ready to pursue its daunting mandate and meet the public’s high expectations.

But even as it gets down to work, the commission has come up against bureaucratic and financial barriers.

Chairman Muhammad Swazuri told journalists the nine-member team has been allocated Sh120 million for the four months to the end of the financial year.

While that is sufficient for that short period, the commission is apprehensive about what allocation it would get in the next financial year given that it was established towards the end of the budget preparation process.

While observers and land reform activists have been keen to have the commission to start working, its late creation, under pressure from the courts, has created anxiety about whether it will be given the space and cooperation to accomplish its mandate.

Mr Odenda Lumumba, who heads the Kenya Land Alliance, told the Sunday Nation that the commission would have to be accommodated within the Medium-Term Framework in the Treasury for it to get money.

He is among those who want the commission to receive a substantial budgetary allocation.

“My position has always been that in order to roll out any serious reform in an African perspective, you need no less than between 10 to 15 per cent of the national budget,” he said.

Mr Swazuri, the chairman, said they would be happy to get 20 per cent of the Budget but appeared to acknowledge it would be unrealistic to expect that much.

It will be interesting to see how the next government handles the commission given it clearly had little goodwill from the Kibaki administration. The President was compelled by a court order to gazette it.

“I think within the last government, definitely there was no political goodwill because they really dilly-dallied with its appointment,” Mr Lumumba.

He said from the presidential debates, none of the candidates has a comprehensive formula on how they would address historical land injustices and reform in the land sector.

Mr Uhuru Kenyatta’s Jubilee coalition included radical ideas about land in its manifesto. The most ambitious was the promise to have those who live on community land given title deeds.

Jubilee proposes to “give communities, rather than the National Land Commission, the titles to community-held lands”.

Land reforms would go beyond giving people titles, and the adjudication of community land is likely to generate disputes over ownership.

If the commission and the government of the day are not in agreement, said Mr Lumumba, the commission will suffer as it would simply be starved of the resources it needs to be effective.

Mr Ibrahim Mwathane, who heads the Kenya Land Governance Institute, told the Sunday Nation that “the season is not opportune for any serious discussion about the commission’s mandate”.

With the Executive in limbo because of the delayed transition because of a petition against Mr Kenyatta’s election, ministries have slowed down work as technocrats run the show.

When it gets working, the commission’s first task will be the recruitment of a secretary who will be its accounting officer and the head of its secretariat. It has advertised the position.

On Wednesday, Mr Swazuri said they would vet the Lands ministry staff who will be seconded to work with it.

Once the 47 governors are sworn in this week, the commission will help set up county land management boards to receive complaints from Kenyans.

Mr Swazuri said the commission is preparing regulations on how the boards will operate.

It has in the meantime received a variety of complaints, said Mr Swazuri, from institutions and individuals, and these range from boundary disputes to encroachment, double allocations, land grabbing and land degradation.

The commission has no offices and has been operating from the Lands ministry headquarters at Ardhi House, Nairobi.

As an independent body, operating from Ardhi House is likely to create the wrong impression.

Second attempt

The establishment of the commission marks the second time Kenya is making an attempt to tackle the sensitive land question.

The first attempt after President Moi left office in 2002 was a spectacular failure. When it took power in 2003, President Kibaki’s Narc government seemed keen to tackle land issues and appointed a commission headed by lawyer Paul Ndung’u to look at irregular land deals.

With its recommendations to revoke irregular allocations, the Ndung’u report, however, proved too politically expensive to implement and has been gathering dust for the past seven years.

Minutes reveal how IEBC bought faulty gadgets

GLANCE FACTS

Face Technology provided a proto-type device, which lacked a spare power back-up for 12 hours

Updated Sunday, March 24 2013 at 00:00 GMT+3

[image]Voters in a queue at Kasarani to cast their votes in the March 4 General Election. The
presidential election has faced court challenge from CORD pact. [PHOTO: FILE/STANDARD]

By Moses Michira and Paul Wafula
NAIROBI, KENYA: The electoral commission, which conducted the March 4 General Election, bought faulty voter identification gadgets without testing their technical capability.

Face Technology, the South African firm that supplied the equipment also known as poll books, won the tender before a technical evaluation was conducted among the five prequalified bidders.

A review of the tendering procedure by the public procurement regulator found out the tender to supply poll books was awarded to the South African firm, which participated in the Anglo Leasing scandal, on September 29 last year, three weeks before the technical evaluation among the shortlisted bidders.

This major procurement breach ensured firms that were to later demonstrate their capabilities for the task, like America’s Avante and France’s Safran Morpho were left out.

The public procurement regulator, however, found out IEBC had actually made its decision to award the tender to Face Technology more than three weeks before the October 22 demonstration of technical capabilities.

Minutes from the Independent Electoral and Boundaries Commission (IEBC and presented by Avante to the regulator indicated that the tender was actually awarded on September 29.

“…bidder number 3 M/S Face Technology be considered for the award of the contract at a total cost of Sh1.397724925 ($16651139.13),” reads part of the official information from IEBC’s September 29 meeting.

The regulator says since a decision had been made, the exercise of proof of concept was meaningless because Face Technology, whose devise had failed, had been shockingly declared the winner. The revelation now provides the critical answers to the billion-dollar question, what exactly went wrong in the voter identification during the last General Election conducted by IEBC Chairman Issack Hassan?

The public procurement regulator fell short of cancelling IEBC’s tender, only allowing it to proceed in the greater public interest considering the time left, on its December 3, last year, terse ruling. IEBC’s defence was that Face Technology had the lowest quote at Sh1.39 billion disregarding its inability to produce the required equipment, compared to Safran Morpho’s Sh1.6 billion and Avante’s Sh2.1 billion.

Questionable tendering

Hassan’s motivation in awarding the tender to Face Technology was questioned by the regulator who established an uneven playing ground in the procurement process. Face Technology had presented a prototype that never worked at the tendering stage, but the IEBC inexplicably offered the firm another chance to demonstrate its technical capability.

A meeting between IEBC and the three prequalified bidders held on October 10, last year indicated Safran Morpho declined to parade its prototype, while Face Technology’s equipment fell short of the requirements in the tender document.

“(Avante’s prototype) can satisfactorily meet the specifications provided in the tender document for voter identification device,” further reads the report. “( Face Technology) did not demonstrate a prototype that met the proof of concept requirements as stipulated in the tender document.”

IEBC invited Face Technology and Safran Morpho in a subsequent demonstration, leaving out Avante, which had demonstrated its technical capacity, in a meeting held on October 22. Minutes of the meeting show Face Technology presented a different device from that submitted during the close of the tender, a major procurement breach, which the IEBC turned a blind eye to.

During the evaluation, Face Technology provided a prototype device, which lacked a spare power back-up of 12 hours that was marked as critical. It also did not have an original battery attached to the laptops that would last for 12hours.

The device it supplied at this stage did not meet the requirement that its start-up and recovery time would last less than 30 seconds. This means the prototype of Face Technology was taking longer to start than required. None of the companies that qualified for the second round of evaluation also provided gadgets that had unique identification numbers assigned by the manufacturers. Lack of this detail exposes the gadgets to difficulties in tracing the user and location in case they are used to hack into the system. The Board accuses the IEBC of being cosy with Face Technology and finding small excuses with the other companies to disqualify them.

“It (IEBC) appears to have adopted in the processing of this tender, a scheme of nit-picking, when it came to the tenders of the bidders it did not favour, and one of cosiness when it came with the successful bidder (Face Technologies),” a report, critical of the process, reads in part.

The revelations come at a time when it emerged the electronic voting and transmission system could have been attacked at least twice before it finally crashed at 8pm on Election Day.

IEBC: Why Raila poll petition is flawed

GLANCE FACTS

Election body’s defence

CORD using incorrect provisional figures to challenge voter register accuracy

Technology meant for transparency, not to substitute manual process required by law

Forms 36 (constituency totals) not manipulated, contain no grave errors

Voter identification, results transmission systems not ‘designed to fail’, not ‘abandoned’

Supreme Court has no jurisdiction to set aside entire election as CORD wants

Updated Saturday, March 23 2013 at 09:06 GMT+3

[image]More than 10 million Kenyans turned up to vote in the March 4 General Election.
[PHOTO: FILE/STANDARD]

By Wahome Thuku
NAIROBI; KENYA: Electoral officials have provided a blow-by-blow account of the March 4 presidential election in response to petitions claiming massive fraud.

This follows a separate filing to the Supreme Court earlier this week by the chairman of the Independent Electoral and Boundaries Commission in his capacity as Returning Officer in the presidential election.

They dismiss allegations of irregularities and say IEBC declared Jubilee alliance candidate Uhuru Kenyatta as President-elect “properly and constitutionally”. IEBC says the petition filed on behalf of CORD’s candidate, Raila Odinga, challenging the outcome of the elections is riddled with “misrepresentations” and “misconceptions” about the voters’ register, the tallying process and the legal framework guiding the election.

The 26-page response urges the Supreme Court to reject all petitions challenging the outcome arguing:

• CORD’s challenge over the accuracy of the final voter register is based on incorrect provisional figures;

• Some of the alleged discrepancies are merely related to special sections that all parties were aware of;

• The electronic voter identification and results transmission were meant for transparency only, not to substitute manual process required by law;

• The unexpected and unplanned failure of the two electronic systems had no bearing on the final outcome;

• Details on Forms 36 (constituency totals) used in the manual tally were not manipulated and contain no grave errors as alleged;

• None of the 291 constituencies reported had vote totals greater than the number of registered voters.

The electoral body’s legal team, however, conceded the poll had numerous challenges and said this was due to the tight timelines they were forced to work under.

IEBC informed the court it had been in existence for just 18 months, during which time it “completed activities that require an election cycle of five years”. The team also pointed out that the March 4 election was Kenya’s largest and most complex ever, with an 86 per cent turnout that presented logistical issues.

“The election required the hiring, training, deployment and supervision of over 300,000 temporary personnel in addition to IEBC staff, and acquisition of unparalleled quantities of equipment,” their response reads.

The challenges encountered, electoral officials say, were resolved with pragmatic solutions in accordance with the law. Political party officials, they add, agreed to many of the solutions, including the manual tallying after the provisional results system ran into trouble.

As a result, they say, there are no grounds for setting aside the outcome of the election. They further contend the Supreme Court has no jurisdiction for such a drastic course of action.

Through campaign manager Eliud Owalo, Raila has sought declarations that, when broadly interpreted, would lead to invalidation of the entire General Election. He claims he won the elections but the victory was stolen from him. He wants voter registration declared flawed, the presidential elections invalidated and IEBC held to have committed electoral offences.

“There is no lawful basis whatsoever advanced by the petitioner that would warrant either the setting aside the results as announced or (rejecting) the electoral process as a whole,” IEBC responds through lawyers Mohamed Nyaoga and Paul Nyamodi. The commission also dismisses Raila’s references to the disputed 2007 election in his petition, saying the facts and legal framework are different.

“The only common denominator is the petitioner, who has disputed both results,” IEBC says. Initial reports by various observers, it adds, gave this year’s polls a clean bill of health.

CORD’s allegations

IEBC denies CORD’s allegations that it “abandoned” the voter identification process or that the system was “poorly selected, implemented and designed to fail”. Details on the failure of electronic systems, IEBC says, are provided in an affidavit prepared by Mr Dismas Ong’ondi, its Director of Information Technology. These systems, it adds, were only employed to improve the efficiency and transparency of the electoral process.

The commission maintains it certified 14,352,545 validly registered voters on February 18. This followed countrywide registration from November 17 to December 18 last year.

IEBC says an additional Special Register had 31,318 people who were validly registered but did not have their biometric details captured due to age, disability or the nature of their work. Political parties were informed about this group in a section called Register Without Biometrics, which was gazetted alongside the main one on February 18.

The figure of 14,267,572 voters quoted in the petition, it says, was a provisional figure from an early register given to political parties to help them conduct their nominations. The final register opened to the public for inspection and verification between January 14 and 27 this year included adjustments that add up to the final figure. Two other sections on the register — exceptions and duplications — were not used during the poll.

On tallying, IEBC says it had a two-step audit involving ten regional teams and a verification team to countercheck their findings. Returning Officers from all 291 constituencies (including the Diaspora) were required to personally and physically deliver results at the National Tallying Centre. Signed Forms 36 were given to party agents in the boardroom at Bomas who were allowed 20 minutes to countercheck them with their tallies.

The commission denies any irregularities or malpractices in the tallying process.

“There was no manipulation of Forms 36 or (of) the results declared,” IEBC says. “There was no declaration of results that were in excess of registered voters in any polling station. The sovereign will of the people of Kenya was respected and upheld in accordance with the constitution.”

Three petitions have been filed before the Supreme Court over the outcome of the presidential election. One seeks a ruling on the use of rejected votes in computing whether any candidate met the constitutional thresholds for a first round victory (at least 50-per-cent-plus-one-vote and 25 per cent of the vote in half of all counties). It was filed by Moses Kuria and another. The other two challenge the election based on various alleged irregularities in the registration, voting or tallying processes. They were separately filed by Raila’s chief campaigner Eliud Owalo and by civil society’s Gladwell Otieno and another. The Supreme Court plans to hold a pre-trial conference on issues raised in the three petitions and has until the end of the month to give its ruling. It’s decision is final.

Uhuru was declared winner with 6,173,433 valid votes (50.07 per cent of the total votes cast, including rejected votes).

KENYA: MY HOMILIY ON PALM SUNDAY

From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images
SATURDAY, MARCH 23, 2013

There will be no network where I will be for mass tomorrow so I have decided to send my homily in advance.

Tomorrow is Palm Sunday. It commemorates the triumphal entrance of Christ into Jerusalem. Jesus chose to ride a donkey when he entered Jerusalem instead of a horse which was usually ridden by Kings. He chose the donkey to demonstrate his humility and to fulfill a prophecy in Zechariah 9:9:

“The Coming of Zion’s King Rejoice greatly, Daughter Zion! Shout, Daughter Jerusalem! See, your king comes to you, righteous and victorious, lowly and riding on a donkey, on a colt, the foal of a donkey”.

Jesus thought of people he served dearly than himself because he practiced humility (Phil. 2:3). Jesus did not only put the well-being of others ahead of their own well-being (Phil. 2:4) but also wanted us to be ministers and servants instead of kings and princes (Matthew 20:25-28).

In other wards, what Jesus wants from us is to be servants instead of masters (Matthew 23:10-12). Jesus was not hypocrite. He always practiced what he preached and preached what he practiced.

Jesus walked on this earth with no place to lay his head, he walked on foot hundreds of miles to preach the gospel, he ate what his disciples ate, he stood in the background, did not advertise himself, he placed other interests above his own, he wrapped a towel around his waist and washed his disciples feet.

Jesus was moved with compassion when he saw crowds of people who did not know God, he was moved with compassion over the plight of an adulterous woman, a widowed bereaved woman whose only son had died, a Samaritan immoral woman, Mary a demon possessed sinful woman, a lying thieving tax collector.

Jesus lived for others, not for himself or his comfort. Many times he was interrupted by crowds on his way to prayer and he took time to give them the good news. He taught his disciples that whoever wanted to be great must be the servant of all, if anyone wanted to be first he must be the slave of all.

Though the word of God gave him the right to be supported financially and fed through his ministry, he gave up this right and worked and toiled and even helped others with his sweat. Instead of walking on a red carpet he decided to walk on palm branches placed in his path, before his arrest on Holy Thursday and Crucifixion on Good Friday.

He gave an example of two men who went up to the temple to pray, one a Pharisee and the other a tax collector. The Pharisee, standing by himself, was praying thus, ‘God, I thank you that I am not like other people: thieves, rogues, adulterers, or even like this tax collector. I fast twice a week; I give a tenth of all my income.’

But the tax collector, standing far off, would not even look up to heaven, but was beating his breast and saying, ‘God, be merciful to me, a sinner!’ I tell you, this man went down to his home justified rather than the other, for all who exalt themselves will be humbled, but all who humble themselves will be exalted.” (Luke 18:10-14)

And when the hour came for him to dine at table with his Apostles he took the cup, he gave thanks and said, “Take this and divide among you”. And he took bread, he gave thanks and broke it, and gave it to them saying, “This is my body given for you, do this in remembrance of me” (Luke 22:14-23).

It demonstrates that Eucharistic celebration is not only a symbol of unity but also as one people of God should divide the little things we have as a community justly. In other wards we should not allow the seeds of tribalism and nepotism to be planted in us.

When we come together to celebrate the Eucharist we express who we are as Church. The liturgy, especially the Eucharist, “is the outstanding means whereby the faithful may express in their lives and manifest to others the mystery of Christ and the real nature of the true Church” (Constitution on the Sacred Liturgy, 2).

Pope John Paul II explains the Roman Catholic position regarding intercommunion in his encyclical letter on ecumenism, That All May Be One. He says that Vatican II’s Decree on Ecumenism (#22-23) “pointing out that the post-Reformation Communities lack that ‘fullness of unity with us which should flow from Baptism.

He observes that ‘especially because of the lack of the Sacrament of Orders they have not preserved the genuine and total reality of the Eucharistic mystery,’ even though ‘when they commemorate the Lord’s Death and Resurrection in the Holy Supper, they profess that it signifies life in communion with Christ and they await his coming in glory’ (#67).

We see these seeds of tribalism and nepotism planted among early Christians (Acts 6). “In those days when the number of disciples was increasing, the Hellenistic Jews among them complained against the Hebraic Jews because their widows were being overlooked in the daily distribution of food”.

So the Twelve gathered all the disciples together and said, “It would not be right for us to neglect the ministry of the word of God in order to wait on tables. Brothers and sisters, choose seven men from among you who are known to be full of the Spirit and wisdom. We will turn this responsibility over to them and will give our attention to prayer and the ministry of the word.”

This proposal pleased the whole group. They chose Stephen, a man full of faith and of the Holy Spirit; also Philip, Procorus, Nicanor, Timon, Parmenas, and Nicolas from Antioch, a convert to Judaism. They presented these men to the apostles, who prayed and laid their hands on them.

So the word of God spread. The number of disciples in Jerusalem increased rapidly, and a large number of priests became obedient to the faith. These good leaders destroyed these seeds of tribalism and nepotism what was being planted in the people.

Those who did not want these seeds of tribalism and nepotism destroyed accused Stephen of insulting other tribes and so they tried to kill him all the times he condemned leaders who only favoured their tribes and relatives when it came the time of distribution of common cake.

Now Stephen, a man full of God’s grace and power, performed great wonders and signs among the people. Opposition arose, however, from members of the Synagogue of the Freedmen (as it was called)—Jews of Cyrene and Alexandria as well as the provinces of Cilicia and Asia—who began to argue with Stephen. But they could not stand up against the wisdom the Spirit gave him as he spoke.

Then they secretly persuaded some men to say, “We have heard Stephen speak blasphemous words against Moses and against God.” So they stirred up the people and the elders and the teachers of the law.

They seized Stephen and brought him before the Sanhedrin. They produced false witnesses, who testified, “This fellow never stops speaking against this holy place and against the law. For we have heard him say that this Jesus of Nazareth will destroy this place and change the customs Moses handed down to us.” All who were sitting in the Sanhedrin looked intently at Stephen, and they saw that his face was like the face of an angel.

Condolence message:

On behalf of News Dispatch and my own I would like to send my condolences to the priests, Christians, religious, family and relatives of Bishop Akio Johnson Mutek, Bishop of Torit following his death at the Aga Khan Hospital in Nairobi on Sunday night and was laid to rest on Friday March 22, 2013.

Mutek who was also my college mate at Fordham University in Bronx, New York was rushed to the hospital in Juba in Nairobi as a result of serious kidney complications. Mgr. Mutek was 55 years old and had undergone two kidney transplants in India.

Mgr. Mutek was ordained a priest on December 18, 1988, and appointed Auxiliary Bishop of Torit on May 18, 1999. He was ordained a Bishop on August 15, 1999 and appointed Bishop of Torit on June 9, 2007. He worked closely with People for Peace in Africa, the organization I worked with for 13 years.

May Almighty God rest his soul into eternal peace-AMEN.

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