It is becoming clear that an overwhelming number of Kenyans would wish to see an end to the political stand off that has gripped the country since the beginning of the year. It is equally clear that for the first time, Kenyans have learnt that ours is a loved and highly valued country. It is so heart-warming to see well respected men and women of Africa  and the world who have literally converged in Kenya with the latest lot, prominent African leaders literally refusing to accept anything less than a decisive resolution to a potentially explosive problem (forget about the recent burning, shooting, looting and beheading). According to experienced analysts, our country could easily and quickly have degraded into the example of our neighbouring countries recently hit by ethnic hate.

a)  It is interesting to note that ODM claimed that PNU stole the 2007 elections. But apparently a number of available pointers appear support this claim:

b)  Doubts were expressed by a section of the ECK and later confirmed by the chairman.

c)  Of all the views expressed by foreign election observers, none passed the verdict that elections were free and fair.

d)  The polls statistics throughout the year right up to the election week had the same direction. Kenyans recall that only one poll (with same defects as 2007 results since the figures did not add up) gave Kibaki a gap of 0.3%behind Raila; all the rest gave Raila and ODM a win of 4% or better.

There is, of course, no “documentary evidence” to prove the ODM claim of election theft as has been observed in the confidence and insistence by PNU that ODM goes to court. But the mere fact that nobody was ever charged with killing Robert Ouko in 1990 does not make him alive today. They say the law is an ass.

I am not a lawyer but I will attempt to explain the case for ODM utilizing the following facts:

a)  The ODM and allies have over 50% of the parliamentary seats

b)  The ODM has over 50% in the local council elections

c)  The ODM has a clear win in 6 out of 6 provinces while PNU won only in the two provinces which are GEMA strongholds.

d)  ODM and allies had an easy win in speaker and deputy speaker elections.

e)  The deaths of two ODM MPs appears to have been calculated to pass a strong message to them that the GEMA leaders will not cowed by dogs, as one PNU diehard is fond of saying.

 f)  The determination with which the PNU negotiating team has been opposed to the foreign intervention led by Dr Kofi Annan sometimes appears to be aimed at ridiculing him so that he can give up if he so wishes.
The PNU cannot insist on the avenue of legal channel especially when they were the first to unilaterally abuse the constitution:

a)  They ordered the police to shoot to kill (rather than preserve the lives of) the rioters who were unhappy with the manipulated election results.

b)  They banned Kenyan citizens from their freedom of association and speech while they enjoyed the same freedom. This made Kenya like apartheid South Africa for a while. 
My sober opinion is that the proud and arrogant members of PNU should consider this: let us try this unconstitutional avenue to restore sanity and order in this country. You need it as much as I do. I know that from some quarters, false confidence has been in the air that if the worst comes this time round, you have the military supremacy over your unarmed, weak and helpless enemies.

Georgie