From: Judy Miriga

Folks,

Like I have said before, Kenyans are in to a very rude shock and confusion if the present case-scenario is not arrested in time for sanity to set in. They have both failed in their leadership and there are no hope they both can do things differently to benefit public interest according to public mandate. It is about time they both face justice.

Kibaki and Raila’s theatric show is getting out of control. The public have no idea the two principles are at their political game of delaying tactics to earn themselves more time against constitutional time-table in the tune of their masters voice their “unscrupulous Special Interest cartels”. Raila equally in his flip-flop technique is trying to show political might and supremacy against his opponents, to fool public yet all are “Birds of the Same Feathers”.

The Coalition Government under Kibaki and Raila is totally confused and are in panic. The boat is capsizing into a stormy deep sea. None of the leaders are on the road to recovery or are for the good of Kenyans except both are for self interest and greed.

For this case, an urgent setting up of the “Transitional Caretaker Committee” must be seen as the only solution and answer by the world leaders, friends and people of Kenya from both local and in Diaspora.

We believe world leaders, Kofi Annan with team with the United Nations Security Council will take this matter seriously and help lead the formation of the same.

We are on the verge of “Things Fall Apart” in Kenya one more time. Nothing is working and nothing will ever work from this coalition government except confusion and destruction of pubic resource and interest. We need urgent intervention to fix the problem and there is no goodwill or hope for better things to come at this time of Kenya’s political upstage.

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

Uploaded by kenyacitizentv on Mar 18, 2012

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The next General Election, which according to the Independent Electoral and Boundaries Commission (IEBC) is scheduled for March 4th, next year will be historic in nature, and structurally different from any electoral exercise in Kenya’s history. So far, none of the presidential hopefuls traversing the country popularising their bids for the country’s top job has disclosed who their running mate would be. Why? For the first time, Kenyans will elect the President and his or her Deputy as a pair, and it will no longer be possible for the President to dangle the vice presidency as a campaign carrot. Francis Gachuri deals with the candidates’ running mate headache in this week’s edition of the Kibaki succession series, as well as likely running mates for the leading presidential aspirants.

The Election Date Debate Rages On

Uploaded by kenyacitizentv on Mar 18, 2012

The March 4th 2013 polls date fixed by the Independent Electoral and Boundaries Commission on Saturday, 17th March continues to draw mixed reactions with Prime Minister Raila Odinga maintaining that Kenyans have been short-changed as the public mood was for a December election. Eldoret North MP William Ruto also feels the IEBC decision should be reversed. But presidential aspirants Professor George Saitoti and Raphael Tuju concur with the Committee on the Implementation of the Constitution that Kenyans must learn to respect constitutionally backed decisions. Alex Chamwada brings us the latest reactions.
Election Date Is 4th March 2013

Uploaded by kenyacitizentv on Mar 17, 2012

Failure by the two principals in the grand coalition, President Mwai Kibaki and Prime Minister Raila Odinga to agree on when to dissolve the government has earned Kenyans a 2013 election date. Frustrated by the inaction on the part of the two principals, the Independent Electoral and Boundaries Commission settled for March 4th 2013 as the date Kenyans will go to the polls. Citizen TV’s associate editor Alex Chamwada begins our special coverage of the election date with a look at why the IEBC settled on that date.
Fire Destroys Mt Kenya Forest

Uploaded by kenyacitizentv on Mar 18, 2012

The Kenya Wildlife Service has enlisted the support of other Kenyan security forces and the local community to contain a forest fire that has destroyed thousands of hectares of forest land in the Mt. Kenya forest. The fire that started over a week ago is yet to be fully contained even though considerable strides have been made to control it in most parts of Mt. Kenya forest. And the KWS Director Dr Julius Kipng’etich is now assuring Kenyans that the fire will be fully contained in the next two to three days. Sally Mbilu reports on a raging fire that has stretched the limited resources of government agencies tasked with fighting it.

Capital FM (Nairobi)

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Kenya: CJ Tells Raila to ‘Keep Impunity’ Off Courts
By Rob Jillo, 19 March 2012

The March 4th 2013 polls date fixed by the Independent Electoral and Boundaries Commission on Saturday, 17th March continues to draw mixed reactions … ( Resource: The Election Date Debate Rages On

Chief Justice Willy Mutunga has once again dug in his heels over the independence of the Judiciary, this time warning Prime Minister Raila Odinga over his remarks on a High Court ruling on the election date.

In a statement, the Chief Justice said the PM’s conduct was unacceptable and “reeks of impunity.”

“Mr Odinga is the Prime Minister of the Republic of Kenya. As a creature of the law, he is a critical and fundamental arm of the Executive. He must be aware that he bears a duty to uphold and protect the independence of the Judiciary as required by the Constitution – especially in instances where he is unhappy with its decision,” Mutunga said in the hard hitting statement.

The Chief Justice was incensed by statement attributed to Odinga in which he allegedly said that the Independent Electoral and Boundaries Commission in arriving at the March 4 2013 date was interpreting a decision by ‘korti ya bandia’ roughly equated to mean a fake or kangaroo court.

“It is therefore, distressing that individuals who bear a special responsibility to uphold the Constitution because of their leadership role would appear to vilify the courts,” the Chief Justice who is the President of the Supreme Court said

The announcement by the IEBC on the election date has elicited varying opinions amongst Kenya’s leadership with the Prime Minister and his Orange Democratic Party opposing the March 4, 2013 poll date.

On Sunday during Capital FM’s political show Talk360, the IEBC’s Chief Executive Officer James Oswago had indicated that the electoral body was flexible and could hold the polls on December 17 if the two principals agreed on an early date, or the courts reversed the earlier ruling.

This is not the first time the Chief Justice had stood his ground in defending the Judiciary against apparent interference by the Executive. On December 2 last year, he stood shoulder-to-shoulder with Justice Nicolas Ombija who had issued a warrant of arrest against Sudan president Omar al Bashir.

Justice Ombija issued a warrant for Bashir’s arrest if he sets foot in Kenya following an application by the International Commission of Jurists (Kenya) which argues Kenya is under obligation to detain him as he is facing indictment by the International Criminal Court.

That decision prompted a diplomatic row between the two countries and the Executive – through the Foreign Affairs Minister Moses Wetangula – criticised the court decision.

That matter is still pending at the Court of Appeal and the warrant of arrest is still in force.

The Chief Justice has in the meantime appealed to leaders to be conscious of the heavy ramifications some of their statements could have on the public and cautioned them “to exercise their rights to free speech within the realm of the law.”

On Monday, Education Minister Sam Ongeri allayed fears that the March polls would disrupt schooling saying his ministry was willing to alter the learning calendar and allow students to go early on half-term to pave way for the elections.

Other leaders including Eldoret North MP William Ruto and his Gichugu counterpart Martha Karua have voiced their reservations on the poll date and have urged the IEBC to rescind the decision.

Capital FM (Nairobi)

Kenya: Politicians Divided Over 2013 Poll Date
By Simon Ndonga, 17 March 2012

The March 4th 2013 polls date fixed by the Independent Electoral and Boundaries Commission on Saturday, 17th March continues to draw mixed reactions … ( Resource: The Election Date Debate Rages On

Nairobi — The announcement by the Independent Electoral and Boundaries Commission (IEBC) that elections will be held on March 4, 2013 has sharply divided politicians.

Deputy Prime Minister Musalia Mudavadi observed that the IEBC was working within its mandate when it set the election date to March next year.

Speaking in Nyeri, Mudavadi said the commission followed the proper procedure before announcing the date.

He pointed out that the IEBC consulted the president and prime minister and also took the recent court ruling into account.

“What I know is that he was quoting the process of him having consulted with the two principals based on the court ruling and then he indicated that the two principals failed to agree and therefore he was exercising an option,” he stated.

He underscored the need for debate now to be focused on how prepared the electoral body was to conduct free, fair and transparent elections.

“What is more important as we move ahead is for us to start looking critically at how prepared the electoral body is to conduct a free and fair election. We do not just want to get a date. We want to get assurances and regular communication from the IEBC that the process is moving smoothly,” he said.

Gichugu Member of Parliament Martha Karua however opposed the March 2013 date, saying the extension of the term of the current Parliament would have a negative impact on Kenyans.

She stated that the announcement set a bad precedent as it was in the interest of a few individuals.

“It is a great disappointment and a letdown because elections are always held inside the term of office. If truly they were reacting to the court ruling and not anything else, they should have announced a date inside the January 15th limit. Better still, they could have waited for the outcome of the appeal filed by one lady’s organization,” Karua said.

She has called on the Court of Appeal to intervene and make a ruling which is acceptable to everyone.

She further urged all Kenyans to strongly oppose the proposed date in a bid to compel the IEBC to change it.

“I also urge Kenyans… let us stop sleeping on our rights because if we do that, they will be trampled upon. Let people speak out on the election date and force the election date to be within the term (of Parliament),” she said.

KANU Secretary General Nick Salat echoed her sentiments saying that the IEBC was wrong in selecting a date next year.

Salat stated that the announcement would bring a lot of confusion in the political scene since most people were advocating for a December election.

“In my opinion, I think it is wrong that instead of actually showing direction, they are sowing the seeds of confusion. But as KANU, we hope they are really reading the mood of the country and from what we took from our members, they are going for the December date,” he said.

He called on both the president and prime minister to consult and agree on an election date which is acceptable to everyone.

“We would not want in an election year to continue entering into a crisis and yet we are just from one. We would actually advocate for the two principals to sit together and come up with an appropriate middle ground for both so that the interest of the country is put far above that of individuals,” he said.

Constitution Implementation Oversight Committee (CIOC) chairman Abdikadir Mohammed on his part said that there should have been consensus building first before IEBC took the decision to announce the date.

He stressed the need to exercise caution since bold decisions can sometimes be reckless especially if they are unilateral.

He pointed out that IEBC should have got key players to agree on the dates so that the country moves forward in a unified manner.

Eldoret North legislator William Ruto also opposed the March 4 election date, saying most Kenyans prefer polls in December.

He said that IEBC should set the polling day in December since the president’s term ends then.

Saboti Member of Parliament Eugene Wamalwa and his Kangundo counterpart Johnson Muthama however supported the date and urged the youth to register for their identity and voter’s cards since the future of the country belonged to them.

Earlier on, the Orange Democratic Movement party issued a statement saying the Kenyan people preferred that the next general elections be held in December, as the Cabinet had previously recommended.

According to party secretary general Anyang Nyong’o, this will also be in line with the recent High Court ruling.

“The Independent Electoral and Boundaries Commission should avoid any temptation of serving any sectarian interests through extension of the life of the coalition government by fixing the date in March 2013,” he said in a statement.

Nairobi Star (Nairobi)

Kenya: ‘Kibaki, Raila Rule Beyond 2012 Illegal’
By Mosoku Geoffrey, 15 March 2012

The March 4th 2013 polls date fixed by the Independent Electoral and Boundaries Commission on Saturday, 17th March continues to draw mixed reactions … ( Resource: The Election Date Debate Rages On

President Kibaki and Prime Minister Raila Odinga have been accused of plotting to illegally remain in office by deliberately misinterpreting a court ruling on the election date.

Narc-Kenya leader Martha Karua yesterday described as “unfortunate” statements by Kibaki and Justice minister Mutula Kilonzo supporting a March 2013 election date.

“The statements by the President and the Justice minister insisting that elections will be held in 2013 must be seen as an attempt to influence the appeal on the election date that is pending before the courts,” Karua said during a news conference at her party’s headquarters in Nairobi. “We trust that the courts will ignore such statements and decide the case on its merits,” added Karua who served as Kibaki’s Justice minister from 2005 until she resigned in April 2009.

Similar allegations were made by the chairman of the Centre for Multiparty Democracy Justin Muturi and former IIEC commissioner Ken Nyaundi who accused the two principals of scheming to stay in power illegally. “The question we must ask ourselves is, will Kibaki be in office legally after December 30? Will he continue discharging his duties after that date? The answer to both questions is No,” Nyaundi said. “Neither the President, the PM or MPs should extend their term to 2013,” CMD chairman Justin Muturi said after chairing a meeting of over 15 parties at a Nairobi hotel.

However PNU nominated MP George Nyamweya said the question of the President’s legality to continue in office after December 2012 should not arise. “There will be no constitutional crisis since the President will be serving in a transitional period. The court ruling was clear that elections can only be 60 days after the expiry of Parliament on January 15,” Nyamweya added.

Karua said that even in the worst dictatorships, the electoral term of those in power is never extended. “If anyone wants to extend this term – and this also includes the courts – they should know that it can only happen through a referendum,” said Karua. These accusations were made as the Independent Electoral and Boundaries Commission chairman Issack Hassan said he will soon announce the election date.

Hassan has indicated the elections will be held after the term of the current Parliament expires on January 14, 2013. Hassan said the commission was still waiting for a response to the letter it wrote to the two principals asking if they intend to dissolve the coalition government so that elections are held this year. “In the absence of the reply from the two coalition principals, it leaves us with no choice but to come up with an election date,” Hassan said during a breakfast meeting to brief the media and civil society on the IEBC’s election preparedness. “We have seen the coalition partners speaking at various forums but this cannot be taken to be a reply to our letter to them. We are going ahead on the assumption that they have not given a reply. We will therefore set the date on the assumption that Parliament will first finish its term,” said Hassan.

The current MPs were sworn into office on January 14, 2008, therefore their term ends on January 14, 2013. The election date the commission is likely to announce will therefore fall anywhere between January and March 2013. “We will determine the election date based on the constitutional court ruling,” said Hassan.

In January, constitutional court judges Isaac Lenaola, David Majanja and Mumbi Ngugi ruled that elections can only be held this year if Kibaki and Raila agree – in writing -to dissolve the grand coalition government. The other option presented by the judges was for Kenyans to go to the polls in March 2013 after the expiry of the Tenth Parliament. The judges also ruled that the IEBC would be the body to determine the exact date.

However, the constitution stipulates that elections be held on the second Tuesday of August every fifth year, which implies that the election date is August 14, 2012. The constitution has not been amended to allow for either a December 2012 or March 2013 election date

Speaking in Sagana last week, Kibaki hinted that he preferred a March 2013 election, a departure from his previously stated preference for a December 2012. Kibaki’s statement brought to an end weeks of speculation that he and Raila would soon dissolve the coalition government to pave the way for a December 2012 poll. Raila has been circumspect in indicating the election date he prefers. Whenever the issue comes up, he has been urging Kenyans to remain calm and patiently wait for the election date to be announced