from Judy Miriga

Folks,

Raila Odinga held a strong lead in vote counting on December 28th 2007, and the whole country was a lit and I received a phone call declaring Victory for ODM on December 29th 2007. Early on December 30th, it turned that Kibaki won, but hurriedly there were confusion at the returning counting hall where Kivuitu and Martha Karua with other ODM members to include Orengo and Prof. Anyang Nyongo with Kosgey were having heated argument with Kivuitu and Martha Karua, pleading with Kivuitu not to declare Kibaki the winner until they are heard and the matter is resolved.

Martha Karua and Kivuitu decided to take the Certificate to Kibaki and were later seen at the inauguration ceremony at the State House, having announced on the same day within a few hours that Kibaki won.

The Chairman of the Electoral Commission, Samuel Kivuitu, said that while irregularities did occur, they were a matter for the courts to settle and not the Electoral Commission. Kibaki as he was being sworn in, he said that he had been told by his people that he had won, after he was sent the certificate……He then maintained that it was the Verdict of the people”……and so, it must be respected.

Kivuitu said that there were some problems in the vote counting, noting that in one constituency voter turnout was reported as 115%, this was later clarified by Kivuitu appearing in an interview by Nation Television, was due to a double entry of one polling station in Maragua Constituency on the parliamentary tally and not the presidential tally. According to the European Union’s head observer in the election, Alexander Lambsdorff, the election was “flawed”, and the Electoral Commission failed to establish “the credibility of the tallying process to the satisfaction of all parties and candidates.” The United Kingdom’s , David Miliband, he said that there were “real concerns” about the election. While the United States congratulated Kibaki and called for the results to be respected, but it also expressed concern after pressure was made from Diaspora’s demonstration and on January 2, 2008 a spokesman for the U.S. State Department declined to confirm U.S. recognition of Kibaki’s victory. At this point, Kivuitu said on January 2 that he had been pressured by PNU and ODM-K (Kibaki’s and Kalonzo Musyoka’s parties) into announcing the results without delay, declaring Kibaki as elected winner; claiming that he did not personally know who really won.

Immediately after elections were rigged in Kenya, the US Ambassador to Kenya, Michael Ranneberger, was confronted by journalists at Kenyatta International Conference Centre and asked what he thought about the results. To the utter shock of Kenyan viewers who were watching the event live on TV, Ranneberger accepted the results, congratulated Kibaki and asked the losers to go to court to seek redress. The Ambassador was speaking the “court language” of Samuel Kivuitu, Martha Karua, Moses Wetangula, Alfred Mutua, John Michuki repeated severally that ODM should “go to court” following the stealing of Raila’s Presidency.

What surprised many is how quickly Raila with his Son had made private arrangements to meet with Kibaki without the Pentagon Team of his ODM, while Kibaki brought along his Team from PNU…..He became very adjustable and comfortable with Martha Karua with Wetangula and rumors took its turn that he had strike a deal with Kibaki…….this was shocking to many of us and we got very angry and confused.

The situation was brought to normality after the US and Kofi Annan with team arrived for reasonable Reform Agenda which brought about the Coalition Government in place.

The Coalition Government under the two Principles were to see to it that the Local Tribunal was put in place according to Reform timetable. Many politicians had campaigned against the local tribunal and voiced support for the Hague option in the belief that it would take a long time for Kenya’s case to come up at the international court. Some people feared they were in the secret list drawn up by the Waki Commission, and therefore did not want a local tribunal that would handle their case immediately. The Bill for Local Tribunal received support from Mr Annan who is supporting the establishment of a local tribunal to try lesser offender while the ICC tries the masterminds, and so a deal Agreement was struck by the two Principles to form the Coalition Government with an understanding that the Coalition will follow and go according to the timetable of the Reform Agenda to Referendum and consequently conclude the New Constitutional order according to Public Mandate, leading to election within a framework of five years.

The Reform Train:

With the shove and push from angry Kenyans and Diaspora, we saw through frustration the Reform Train developing serious mechanical problems, moving too slowly and veering off the rail from Public Mandate Interest to Special Interest under “Free Trading Enterprising” and where Public Wealth became the target by Special Interest Cartel. The preying eyes targeted Public Corporation, Public Facilities and Utilities, Public Land, Natural Resources, Oil and Gas Resources, are being dished out carelessly in a hurry, without proper planning or balancing, and funds are transferred and banked in private accounts. Misappropriation and mismanagement of public funds became the order of day. International Loans and promissory agreements incurring billions of sums of dollars instead begun to disappear. Free Primary Education Fund did not fizzle down to the intended program but disappeared into individual accounts and those involved, even after public cry, were kept in public office without any proper investigations done to curb leaders who are responsible for the Education Ministry. A loan of 8 billion for Kazi kwa Vijana funds meant to create job opportunity for the youth, disappeared from Prime Minister’s Office under his watch. Vision 2030 took a centre stage, spending huge sums of Public finances and resources without Transparency or accountability…….A lot of other public funds were spent on careless shuttle diplomacy to lobby and protect the interest of those criminal suspects targeted at the ICC Hague…..The general public begun to feel the economic crunch in economic financial instability when “Ponzi Scheme” and “Hedge Funding” failed to balance the corrupt expenditure pushing the country into serious financial deficit which affected fundamental demands through the “Bubble Burst” in high rising costs of basic needs.

Although the two Principles of the Coalition government constantly are heard saying that they are both keen in implementing Reform to avoid a repeat of the post election violence, the general public do not believe them. The truth is, they are both seen working towards self greed of the International Corporate Special Interest cartels in a closely-knit network which is working against Public Interest and are stealing public wealth and transferring the same to private and personal accounts, and it is the reason why Public Institutional system is falling apart and employment are diminishing, drug trafficking and human organ and trafficking with crime and insecurity are rising at an alarming level, destroying fabric of Nationhood, livelihood and survival. Poverty with poor health has become a menace, high rise cost of food, power and water is out of reach and people cannot afford high cost of basic needs, and lastly, the environmental pollution has become hazardous and toxic ……….

The Devolution of Counties for Senate Reform has been blocked by the Cabinet and Finance Bill is being shaped to serve Special Interest instead of Public interest according to Public Mandate at Referendum. The New Constitution is being broken down and changed against public mandate.

For what purpose will the people of Kenya accept to retain the two Principles Coalition Government after their term of office expires, knowing too well that, their continued stay spells doom and is a disaster, that their continued stay is a way to severe and destroy public wealth, exterminate lives, paving way to the Special Interest cartel network to invade and steal the country’s resources under “Intellectual Property Thieving”, or make it difficult for the public to have peace or be united under love (in a divide and rule) blocking all ways or hope to have or achieve opportunity for Progressive Agenda for development under Mutual common interest of all stakeholders…….

Things must change for the better and it can be done with a drastic change by those willing to realistically inject change that can benefit the Public Interest. In other words, public interest must be put top in the agenda of Reform……

It is Against the Constitution to Change Election Date Unless it is done through a Referendum:

With the information stated above the following is a crucial concern that must be observed:

1) it is illegal and unconstitutional for the High Court to provide an option for the change of the Constitution to 2012 or give the two principles a choice to dissolve the Coalition Government, except, if the ICC Hague confirms the Ocampo six, it will be clear that Kibaki will have to appear as a witness and confirmation that Kibaki stole election will be evident enough to diprive him of holding his position as a President.

2) There is a laid down procedure for the Reform Agenda to change course from the two Principles of the Coalition government and the Supreme Court, the CIC of Nyachae Commission with the Speaker of the Assembly of the Parliament are obligated to form a Caretaker Committee to formalize the remaining Reform Bills and settle process for election.

3) The Coalition Government of Kibaki and Raila have failed and lost all credibility and trust from the Public and believing they have any will to deliver and complete reform without throwing the country into chaos is hard to believe…….

4) Both the two Coalition Principles are panicking and are both engaged in dangerous corrupt practices that must be urgently stopped and halted……..as their corrupt actions have resulted in a timed bomb from grouping and regrouping of those engaging in corruption, impunity and graft against the people of Kenya

5) It will be difficult to punish or set up the Tribunal Court in Kenya to charge suspects of 2007/8 election crime if the same High Court has mentality to scuttle election by providing a ruling to extend election to 2013, and knowing how corrupt and difficult the two Principles are, giving them an option to dissolve the Coalition Government…….this is tricky and cannot be relied or trusted…..It is giving a lee-way for the corrupt to destroy Kenyans and Kenya…..They have done it before and they are able to do it again.

It is for this reason, Willy Mutunga, leadership of Nyachae and Speaker Marende must take their rightful position in the Reform process and do the needful……….The mood is sombre and people are extremly very angry………..

With the dram we have witnessed, it is clear that even if they are given an additional time, they still do not have the will or momentum to serve public interest as they already have vested interest of Special Interest where they are sharing in the corruption stealing from the public wealth………

We need help urgently from leaders of the World, the United Nations Security Council, from friends and sympathizers good people of the world to help step in and save a situation. People’s lives in Kenya are at stake and the wicked are set to destroy innocent lives for the sake of selfishness and greed……….This Kenya’s situation if not watched carefully will affect the whole world because of the International Special Interest Cartel Network………It is wiser to arrest this situation now than later……..if two more weeks is left to pass, the situation will be disastreous………

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

– – – – – – – – – – –

— On Sat, 1/14/12, maurice oduor wrote:

Subject: Understanding the Elections Date Ruling.

Evans,

I believe that even incapacity of one of the Principals (Raila or Kibaki) will not create a power vacuum. Kalonzo can jump in for Kibaki, and Mudavadi for Raila.

But this ruling is not one that Kenyans welcome. Elections should be held by December at the latest. The extra 3 months upto March 2013 is a money-grab by the MPs. I would support the ruling if MPs stay unpaid for those extra 3 months.

Courage,
Oduor Maurice

— On Sat, 1/14/12, Evans MACHERA wrote:

· Kenyans must appreciate the teething problems occasioned by the New Constitution, Coalition Government and competitive politics seen in the prism of succession , tribal affiliation and the unintended Coalition Government that was formed after the highly and or heavily disputed 2007 presidential results.

· At no time shall there be a vacuum in the government and so , the current coalition government can only end courtesy of a joint agreement/ consultation in writing,by the Principals or withdrawal by one party, or incapacity of one of the principals.
·

Further,the New constutution did not do away with the manner the current coaltion government can dissolve or end its term.Its thefore important to read the constitution with all other enabling laws possibly applicable and implimented with the spirit with which they were made.

Hence the courts could not have come up with a ruling that is in vain – difficult to implement.

Evans MACHERA

— On Sat, 1/14/12, otieno sungu wrote:

Gitonga Maina,Wams, Kuria, Oduor, Kombo and all others,

Thanks for your encouraging words, we are keeping the fire burning, besides that, we are working on bringing progressive leaders together so that they can eventually converge their progressive ideologies and have one of them run against the status quo folks.

This would be the surest way against the well entrenched and financially endowed status quo.

As for media talk shows, we will get there, even the Bench we shall do, just like we shall be at The Breakfast Show at Citizen soon.

Already, The Star is keen on our articles, slowly, we are beginning to get attention from mainstream media.

It has not been easy but our resilience, steadfastness and focus is winning Vugu Vugu Mashinani accolades around Kenya.

We have been invited to several forums across the country, Oduya has done some travel and so have I as we continue to activate networks that will be handy when elections come.

Best,

Otieno Sungu.