From: Judy Miriga
If Red is Danger, is that it??? Look closely!!! Has the Supreme Court concluded greavances
to clear any doubts that IEBC did their proceedures with credibility, free and fair????
Answer Yes or No???
Ø Was the mock election necessary?
Ø Why did it leave suspicious foot-prints behind?
Ø Was the Safaricom technical failure genuine?
Ø Was the IEBC double entry satisfactorily rectified?
Ø How did that happen and where was it rectified?
Ø Was the Transitional Committee Team credible, legitimate and formed according to the New Law?
Ø If yes, how and when was it set up and why did the Permanent Secretary of Administration Executive Mr. Kimemia get involved without being vetted or cleared by the Supreme Court before engaging in matters of electioneering and dispatch of County Personnel? Under which criteria was that done?
Ø Was there insecurity with people dying and disappearing mysteriously during and after the elections?
Ø Was there pockets of police threats and interferences?
Ø Is the Media and Journalists in Kenya safe? Are they intimidated in any way or are they working under police threats or surveillance? Why is there ambush and brutal attacks aimed at transparent reporters?
Ø If the Police was the biggest suspect of brutal extra-judicial killings in 2007/8 which resulted in resolution of Police Reform as number one requirement in the formation of the Coalition Government 5 years ago, and with whose bullets did the most heinous blunt killings, why was it left uncompleted by the time of electioneering? Did someone find it unfit and unsustainable? Why was there a delay?
Ø Was there a conspiracy to keep the bad police in the force to repeat actions of 2007/8 but were defeated when people acted peacefully and maturely? Does this prove that during 2007/8 the Police were the aggressors and the intimidators trying to instill fear and create pockets of disturbances to provoke the people to act negatively?
Ø Was there two channels of election transfer communication one at the Bomas of Kenya and the other at the Kenyatta University, and could that have been the reason for the mock set up so the operation is done smoothly?
Ø Are the people aware that there were two channels concurrently operated at both the Bomas of Kenya and the Kenyatta University and if so, why was the Kenyatta University transfer channel necessary?
Ø Were the observers made aware about this?
Good people, I believe there are many questions that many people wish to ask. To avoid such questions, it is why the Reform Agreement set up the requirement of an Independent Transitional Caretaker Committee not have let IEBC to approve of anything going fwaaaa without putting IEBC on credibility check………..
Of course, peacefulness of the people does not amount to weakness or allowing anything going fwaaaa without justice being seen to be done……and as a matter of concern, if IEBC is found to have committed anomalies and failed to provide credible procedure, it is just right that the whole team of IEBC be disqualified with a Transitional Caretaker Team formed for a fresh start……..
Rumours or no rumours, Justice must prevail……
If Red is Danger, how can we engage to gain green pass where election is completely seen to the satisfaction of all that it is Credible, Free and Fair after passing number one test on the side of the “People Playing Peaceful Card” at the Election? Do Kenyans need justification in confirmation of the remainder tags of:
ü Credibility
ü Freedom
ü Fairness
May Peace remain with all Kenyans as we await the Court Resolutions…….
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
– – – – – – – – – –
The future of Kenya lies in the Supreme Court’s ruling
Updated 3 hrs 47 mins ago
By Mohamed Wato
Are you waiting for a Presidential inauguration or a repeat election? Wait for a white or black smoke from the Supreme Court.
The Cord coalition has now moved to court with the petition to challenge the declaration of Uhuru Kenyatta as the President elect by the IEBC. Court matters and politics are two different things. The public can sway the course of politics but can do very little, if anything, to interfere with the bench.
What counts before the jury particularly in this case, is the remedy being sought by the aggrieved party against the evidence adduced and the provision of the law. The burden of proof lies with the respondent and Cord lawyers know too well that they must go beyond hearsay to demonstrate the misgivings by IEBC and fraud they ( CORD) claim took place.
It instructive to note, this petition is coming at a time when the Judiciary is priding itself as a reformed institution, a sharp contrast from its past reputation.
The need to preserve national cohesion and unity might play into the hands of Supreme Court judges to overturn presidential election results, and rule a repeat election to appease supporters from across the divide and give Kenyans another chance to determine their destiny through a credible poll.
What this portends is an equal chance for both Uhuru and Raila to be upset by a court decision that might not work in their favour. It is therefore wise for all parties to get prepared for the worst case scenario and to prepare their supporters in the event of unfavorable outcome.
And in case the Supreme Court decides to revoke the results of presidential elections based on the merits arising from the scale of irregularities, then the fundamental issue of concern is who plays the oversight role to support and inject some level of confidence into an electoral commission that has failed to conduct its operation in an impartial manner.
Eventually, it is a matter of time and Kenya will move on.
Mohamed Wato is a former military officer and analyst
Why bid to stop tallying of presidential votes flopped
Updated Monday, March 18 2013 at 00:00 GMT+3
By Wahome Thuku
Nairobi, Kenya: The outcome of the March 4 presidential election is the subject of several petitions at Supreme Court. The petitions, one by Prime Minister Raila Odinga, the CORD candidate, have been filed after declaration of Uhuru Kenyatta as president-elect.
But even before the results had been announced, a local NGO, African Centre for Open Governance (Africog) had attempted to stop the tallying of votes at Bomas.
The organisation moved to High Court on March 7, just as the tallying was nearing the end.
Through its Executive Director Gladwell Otieno, they sought orders to have the Independent Electoral and Boundaries Commission (IEBC) directed to stop forthwith manual tallying of presidential ballots without verification of actual constituency based results in relevant forms.
Observers and witnesses
They also asked the court to order IEBC to restart tallying and verification of the ballots of the presidential elections.
Further, Africog asked the commission be directed to allow unhindered access by the political party agents and accredited observers to witness and participate in the tallying and verification of the presidential ballots.
They also wanted IEBC ordered to revive and use the electronic tallying system and or continually explain to the public the nature of the failure of that tallying system. Also, to give any information relating to any act that would affect the integrity of the election results.
The organisation asked the court to order IEBC to announce presidential results and restrained from gazetting the results pending determination of the petition.
However, before the case could be heard, the High Court directed the parties to address it on whether it had legal authority to deal with a matter touching on the presidential elections.
Africog lawyer Harun Ndubi argued that the matter was not an election petition challenging the results of presidential elections.
He said the case was based on Article 38, which protects political rights, and Article 138(3) (c) which obliges the IEBC to tally, verify, count and declare the results after an election.
The lawyer argued the commission had failed to properly and competently tally and verify the results of the presidential elections. The case was seeking to compel the IEBC to obey and abide by the law.
Lawyer Kamau Karori, for IEBC chair Issack Hassan argued that under Article 87 and 163(3) of the Constitution, it is only the Supreme Court, which has the exclusive jurisdiction to deal with the matters concerning presidential elections
He relied on earlier opinions by the Supreme Court that all issues arising from and involving presidential elections are within the exclusive jurisdiction of the Supreme Court.
Paul Nyamodi, lawyer for the IEBC supported Karori’s remarks, adding that whereas the matter before the court was not an election petition, it arose from a process involving a presidential election. “That process and all the issues arising from and around it are reserved for the exclusive jurisdiction of the Supreme Court,” he submitted.
Single event
The judges pointed out Article 165(5)(a), which states that the High Court shall not have jurisdiction in respect of matters reserved for Supreme Court.
Article 163(3) (a) also provides that the Supreme Court shall have the exclusive original jurisdiction to hear and determine disputes relating to elections of president and on the questions as to the validity of presidential elections.
“The import of all the above provisions read together is that where jurisdiction is exclusively donated by the Constitution to the Supreme Court, the High Court cannot invoke its jurisdiction,” the judges held.
The judges pointed out the opinion of the Supreme Court that a presidential election, much like other elections, is not lodged in a single event but a process set in several stages.
Analysing the Constitution further, the judges concluded that the framers of the Constitution did not intend that the Supreme Court should exercise original jurisdiction only in respect of disputes arising after the election and excluding those that might arise during the conduct of election.
Right forum
“The matters arising from the petition before us are matters that involve the process leading to the declaration of a successful presidential candidate,” they held. They added, “As the Supreme Court has stated, the presidential election is not a single event; it is a process from nominations to election petitions.”
The judges concluded that they had no jurisdiction to hear the case. They, however, added, “Although we have held that we have no jurisdiction to entertain this matter and have declined to enter into the substance of the purported dispute before us, we, however, venture to say that the issues raised are not idle but should be pursued in the right forum.
They concluded the proceedings before them had been instituted in the wrong forum and were misguided. They struck out the petition.
A number of the issues raised in that case have likewise been raised in petitions before the Supreme Court and will be determined in two weeks.
IEBC gazettes newly elected leaders paving way for swearing in
Updated Monday, March 18 2013 at 00:00 GMT+3
By Peter Opiyo
Nairobi, Kenya: The Independent Electoral and Boundaries Commission (IEBC) has gazetted the names of those elected for the five positions in the just concluded polls.
In a special issue of the Kenya Gazette, IEBC published the names of 47 governors and their deputies, as well as 47 senators elected at the polls, giving them the green light to assume office.
It also published the names of 47 women representatives to sit in the National Assembly, 290 members of the National Assembly and 1,450 County Assembly Ward representatives.
The gazettement now clears the way for President Kibaki to convene the first sitting of Parliament so that the MPs can be sworn in. The Constitution requires the President to convene Parliament within 30 days after the declaration of General Election results.
Once Parliament is convened, Senate and the National Assembly would sit separately and the members sworn in.
The senators and members of the National Assembly would then go ahead and elect the Speakers and their deputies for the two Houses. Clerk of the Senate, Mr Jeremiah Nyegenye, said the election of the Speaker would require two thirds of elected members at the first round of voting, but a simple majority rule would be employed should this not be attainable.
Unlike in the past, senators and members of the National Assembly would be sworn in first in a ceremony presided over by the Clerks — Mr Nyegenye in the case of the Senate and Mr Justin Bundi for the National Assembly.
First sitting
IEBC also gazetted the first sitting of the 47 county assemblies and set the date as Friday, March 22. This is where the County Assembly Ward representatives would be sworn in and allowed to elect their Speakers.
The swearing in of the 47 governors had been slated for Wednesday, March 20, but this had been put to doubt following the delay in publishing their names in the Kenya Gazette.
According to the gazette, Orange Democratic Movement (ODM) has the highest number of governors at 16 followed by United Republican Party’s (URP) ten while The National Alliance (TNA) party has eight while Wiper Democratic Movement has four.
Alliance Party of Kenya, Peoples Democratic Party, United Democratic Front, Muungano Party, Grand National Union, Kanu, Ford-K, People’s Party of Kenya and New Ford-K have one governor each.
ODM and TNA also have superior numbers in the Senate, with both having 11 seats each, URP has nine, Wiper and Ford-K have four each while APK, Kanu and UDF have two each. Narc and Federal Party of Kenya have one senator each.
In the National Assembly, ODM enjoys the majority, having 93 members and followed by TNA at 85. URP has 72 members, Wiper has 25 seats, Ford-Kenya ten while Kanu secured six seats.
IEBC queried on poor preparation in NEP
Updated Sunday, March 17 2013 at 00:00 GMT+3
By Abdikadir Sugow
Nairobi,KENYA: The electoral commission is in a spot over inadequacies in conducting elections in North Eastern Province.
The Independent Electoral and Boundaries Commission ( IEBC) did not put in place sound logistical structures in some areas – dispatching polling staff and materials to their destinations late, with some polling stations opening at 10am.
The IEBC returning officers in some constituencies switched presiding officers, their deputies, and clerks less than 15 hours to the Election Day – opening up unnecessary loopholes that could contribute to the questioning of the credibility of the process.
Further, there were mix-ups of voter registers in some polling stations with more streams, confusing voters as to which line to queue up to vote. There was also shortage of ballot papers in some stations, with some voters forced to wait for long hours to receive them.
The failure of electronic voter identification devices raised further questions on preparedness. Although IEBC owned up to the technical hitches while the elections were going on, it was not enough to explain the rationale in convincing the electorate to have confidence in such a significant process.
Widespread graft
The failure of the system was likely to encourage irregularities in the remote region where the public watchdog – the media, civil society and independent observers – had less access.
Such fears were reinforced by reports of the arrest of people in Kangeta, Igembe Central constituency, for alleged voter buying. Similar incidents were reported in Makiri, Imenti South.
Voter bribery was evident and high in some polling stations in the North Eastern region and despite election fraud being reported, the police and IEBC officials did less to act on the alleged crimes. A case is where one aspirant for Mandera East parliamentary seat, Hassan Issack Hache (UDF) was attacked when he tried to stop those giving out bribes.
Hache had previously warned about the impending security threats and voter bribery, but it seemed there were no adequate preparations to avert the crisis. Instead, the politician was told to record a statement and given Occurrence Book (OB) number 45/25/2/2013.
Despite the presence of heavy regular and Administration Police officers, GSU and the military personnel, there were bomb explosions, which caused injuries to innocent voters in a number of polling stations across the region.
At Bulla Mpya and Polytechnic polling stations in Mandera County, four people sustained serious injuries following an explosion. Similar explosions were reported in Mandera DEB Primary School polling station and Hanan Guest House where Senator-elect Billow Kerrow was at the time booked at.
On the other hand, the heavy presence of security officers patrolling the streets largely attributed to voter apathy as many shied away.
In Garissa County, there was an early morning explosion metres from the Chief’s Camp Polling station of Garissa Township constituency, forcing voters and IEBC officials to escape for safety.
In the same constituency, Tetu and Yathrib polling stations came under siege by armed gunmen who interrupted the tallying process. However, County Commissioner Maalim Mohamed refuted reports of a gun attack.
In Wajir County, it was largely peaceful although there were attempts by some politicians to influence voters. Rashid Ibrahim, a member of ODM National Elections Board said local politicians and the elite remained in CORD and swept all positions including the Governor, Senator, Women Representative and six parliamentary seats.
The IEBC ought to explain to Kenyans the many issues ranging from the malfunctioning of the electronic voter identification devices and the security of ballot papers. The commission should also explain why they did not conduct adequate voter education in the region.
Attack on and theft from Ruiru IEBC office unacceptable
Updated Monday, March 18 2013 at 00:00 GMT+3
The mysterious and alarming assault on Independent Electoral and Boundaries Commission ( IEBC) offices on Friday night in Ruiru Town by as-yet unidentified persons who escaped with a BVR machine, crucial electoral documents and a gun cannot go unattended.
And since all IEBC offices are usually guarded by police, the attack on the Administration Police officer who was on duty must be slammed for the criminality that it is. In this instance, just like the killers of police officers in Mombasa recently no doubt over election-related matters must galvanise Central head of CID Henry Ondiek and Inspector General of police David Kimaiyo.
Who would need a BVR machine and electoral materials unless they were not on a dark mission? There have already been too many chapters in Kenya’s most recent, most complicated and most important general elections.
Top lawyers
Right from the push-pull over the composition of the electoral commission to reflect the face of Kenya, gender equity, professionalism and bury the ghosts of the defunct Electoral Commission of Kenya of 2007 and tussle over funding and the alleged scandal regarding tendering and procurement of the electronic voter registration kits to the issues of capacity of IEBC to deliver a credible, peaceful and just poll, this has been one roller coaster ride.
It has not been smooth by any stretch of the imagination. The suspicion and innuendo surrounding this just-concluded election just won’t go away.
Indeed, the poll is unconcluded since there is a suit pending at the Supreme Court over the conduct, tallying and integrity of the IEBC process. The Coalition for Reforms and Democracy (CORD) has an array of top lawyers hoping to overturn Uhuru Kenyatta’s Jubilee Alliance victory at the top Court. For now, we shall not comment further on this as the matter is before a competent court of law.
However, we shall not tire to remind all Kenyans that the integrity of the poll process is at the heart of Ballot 2013.
And since there is still one last chapter left in this saga, it is imperative that all elections materials and staff that played any part in this historic exercise, must be guarded jealously because they could be up for summons so that this matter can be summarily and satisfactorily concluded.
No Stone Unturned
Therefore, the news from Ruiru town is as baffling as it is unnerving. Indeed, why would any patriotic Kenyan wish to hurl a spanner into the works at this very delicate juncture of our nationhood? Who stands to gain from stealing or even vandalising electoral machines?
And of what use is a machine that is configured for a specific purpose?
This is one of those instances we brazenly as the Inspector General of police not to leave the proverbial No Stone Unturned to recover the stolen BVR machine, election material and rifle.
Why Kenyans must exercise restraint as they await Supreme Court decision
Updated Sunday, March 17 2013 at 00:00 GMT+3
The scenes we saw in Nairobi on Saturday of demonstrations and police lobbing teargas canisters to disperse party supporters as the Coalition for Reform and Democracy (CORD) filed its petition against the presidential election results need not have happened.
Whereas we respect the right to hold peaceful demonstrations, more often than not demonstrations around political issues tend to be anything but peaceful.
Overzealous police officers unleash their batons and teargas canisters on the demonstrators leading to more chaos and pandemonium not to mention possible injury and loss of business.
Now that the matter of presidential election petition is in the hands of the Supreme Court, it should cease being played on the streets.
Playing political ping-pong with a matter before a court of law does not help advance anyone’s case. Neither do demonstrations.
A petition before a court of law is not a popularity contest. It is a contest between right and wrong. The winner will be the one who convinces the learned Justices that he has the law on his side.
For these reasons we ask all parties in this petition – CORD and Jubilee presidential candidates as well as their supporters – to exercise maximum sobriety, restraint and patience.
Traditionally in this country, wheels of justice tended to be slower than a sloth.
A few years ago, a petition challenging presidential election results would have almost nil chance of being heard; leave alone on a priority basis.
Thank God things have changed. And changed a lot. Today, a petition was filed on a Saturday and an authority no less than the Chief Registrar of the Judiciary assured the Judiciary regards the petition as a matter of national importance and supersedes almost everything else before the Supreme Court.
This means the case will be heard and disposed off within the period stipulated in the Constitution, which is about a fortnight from the date of filing.
The speed with which the matter will be dealt with is good news for several reasons.
Most importantly, the country needs to move on from the antagonising election campaign mood. That can only happen once the petition is dealt with and decided.
However, we must reiterate that politicians involved in this matter – the two sides in the dispute – must from now henceforth desist from politicising a legal process.
On the other hand, supporters on both sides should take a chill pill, pray and wait for Solomonic wisdom from the Justices of the Supreme Court.
Indeed, Kenya has come of age where faith in institutions – especially the Judiciary – has grown tremendously.
That the antagonists; Prime Minister Raila Odinga and President-elect Uhuru Kenyatta have vowed to respect the verdict of the Supreme Court is a sense of political maturity, and we should all laud the two politicians for.
******
On Friday night Kenyatta University students went on rampage reportedly because batches of unused ballot papers were discovered ‘hidden’ within the institution’s compound.
The students harassed motorists on the busy Thika Superhighway, destroying property, and injuring scores of innocent people who have nothing to do with the issues at hand. These are the kinds of hooliganism that should not be allowed to creep back in the country more so over with the 2007 post-election violence still fresh in mind.
It later emerged the University’s main campus modern amphitheatre where the ballot papers were found was a tallying centre in the just-concluded elections. The Kenyatta University Primary School was also a polling station.
Available information shows the Independent Electoral and Boundaries Commission (IEBC) rented premises in various parts of the country to store ballot material after the just concluded March 4 General Election.
Some premises rented were on short-term and temporary basis, which essentially means once the lease period expired, the electoral commission would have to move its election material elsewhere more permanent.
Movement or sight of election material at this point in time when Kenyans’ suspicions over the conduct of the General Election are overly heightened could attract unexpected and unwanted results.
It is for these reasons that we ask IEBC to, as a matter of extreme urgency and national importance, find a way of providing information to the public on this issue.
One effective method would be for IEBC Public Communications to issue a statement explaining what happens to ballot papers after voters have cast their votes.
Are all ballot papers transported to Nairobi? Are there some that remain in various tallying centres? Are these ballot papers stored in safe strong rooms where they cannot be tampered with?
Unless these questions are answered upfront and relevant information availed at all times whenever there is an issue relating to sighting of ballot papers in unclear circumstances, IEBC will find itself with yet another egg on its face.
Nyachae team assesses progress of transition plans
GLANCE FACTS
Accommodation:
We have noted the uniqueness of Lamu County and we have even taken photos of the incomplete proposed governor’s office building being put up at the Mokowe, the Lamu County headquarters, to help seek for further funding to make it more suitable for the governor.
Updated Sunday, March 17 2013 at 00:00 GMT+3
By Awadh Babo
KENYA: The Commission for the Implementation of the Constitution (CIC) is assessing progress in the transfer of functions stipulated by law from the national government to county governments.
Speaking in Lamu County, on Saturday, CIC Senior Programme Officer Doreen Muthaura assured residents that the Transition Authority has developed elaborate plans for inducting the County Assembly representative members and the County Executive by giving them the moral, financial and logistical support during transition.
No room
Muthaura said the Constitution leaves no room for some counties to be left behind during this crucial transition period and, therefore, it is the duty of the national government to offer the necessary support to county governments.
She added that the office of the governors is not a one-man show, but a constitutional office that requires the necessary support staff, including a deputy and the executive to make it more functional to offer the required services.
She also cautioned officers in both the county and the national governments to stick to the public code of ethics to ensure better service delivery.
She further noted that though the county executive committees were there to implement the laws passed by the County Assembly and these laws must be resonate with the Constitution.
Unique county
“We have noted the uniqueness of Lamu County and we have even taken photos of the incomplete proposed governor’s office building being put up at the Mokowe, the Lamu County headquarters, to help seek for further funding to make it more suitable for the governor,” said Muthaura.
Things in place
However, Lamu County Commissioner Stephen Ikua confirmed everything was in place for the swearing-in of the Governor-elect Issa Timamy.
He added that a committee has identified the venue for the occasion.
“Though the proposed governor’s office is far from completion, we intend to rent one. I can assure the public that by the time he is sworn-in, the governor-elect and his executive will have an office,” said Mr Ikua.
Timamy assured CIC that he has the competence to kick-start the county government, citing his record as former chairman of the National Museums of Kenya board.
Civil servants put on notice over assets
GLANCE FACTS
A week ago, the civil society warned some local authorities were hurriedly disposing of assets ahead of the transition to counties
Updated Sunday, March 17 2013 at 00:00 GMT+3
Transition Authority Chairman KinuthiaWamwangi says legal action will be taken
against anyone found culpable of misappropriation of funds. [PHOTO: FILE]
By Nicholas Waitathu and Abdikadir Sugow
NAIROBI; KENYA: Former local government chief officers, councillors, and senior civil servants found to have misappropriated assets during transition to county governments would be penalised.
Transition Authority Chairman Kinuthia Wamwangi on Saturday warned in some departments, State agencies, local authorities and other organisations, operating with uncertainty seem to be disposing off assets to amass wealth for certain individuals.
Audits
A week ago, the civil society warned some local authorities were hurriedly disposing of assets ahead of the transition to counties.
In an interview at his KICC office, Mr Wamwangi said a moratorium on transfer of assets was issued and regulations on transfer of assets developed. All assets previously being managed by the local authorities, PCs and DCs have been taken over by county governments.
“Those implicated with mismanagement will be fined Sh10 million or jailed seven years or both. In our regulations it is stipulated that nobody should be interfere with liquid assets, land and buildings,” he warned.
He added: “We have taken audit assets and liabilities of national and county governments and the TA in conjunction with the Auditor General office is producing an interim integrated assets and liabilities register for all 47 counties.”
The Asset Management Committee will investigate all land grabbing cases and illegal possession of Government properties and charge those accused. In some counties, revenue collection preceding the election is said to have decreased by big margins, a situation Wamwangi said would be investigated.
If some officers will have meddled with cash and other assets, they will be punished.
“We will not allow messing up of the assets by any officer. The county governments must be assisted to take off for high development to be realised,” he said.
Interim secretary of Nairobi City County Lilian Wanjiru confirmed that revenue collection for February and March has decreased by almost half. The City Council of Nairobi collects Sh600 million every month implying that in February and March slightly above Sh200 million could have been collected. She said apprehension by the public that national government would provide revenue to support operationalisation of the county governments, could have been a factor. In other cases, traders are confused on where to pay the revenue to because no accounts have been opened for county governments.
Governor training
“We are using the old City Council of Nairobi bank account with the same signatories but cannot withdraw any cash. For any emergency withdraw it has to be authorised by the interim secretary,” Wanjiru admitted.
Meanwhile, the TA is training Governors-elect and other stakeholders on how to run county affairs. Speaking in Kericho on Saturday, the chairman, Wamwangi said his team would visit all 47 counties to conduct civic education on how the devolved system works, including county assemblies and executive committees. He said although most of the elected leaders have managerial skills, decentralising power to the grassroots is more challenging. Wamwangi, who will be in Garissa County tomorrow, said each county would have a maximum of ten county executives regardless of size.
The county executives would serve as ministers to mirror the national structures. The county secretaries, county service boards, county treasurers and in some cases county chief human resource officers would also be set up. Some existing positions like town clerks and treasurers would be renamed or restructured.
Meanwhile, Garissa County Governor-elect, Nathif Jama Aden (Wiper) on Saturday called for patience among residents.
Nathif said many locals live below the poverty line and many youth were unemployed, issues that he would address. He also cited pastoralists’ problems such as losing their animals to drought.
Confusion reigns as devolved Government system sets in
Updated Sunday, March 17 2013 at 00:00 GMT+3
By Jackson Okoth
It all began with a fierce tussle over office space with directives being issued by the various key State departments – Transition Authority (TA) officers, Head of the public Service, and the Government spokesperson struggling to get a piece of the action.
For instance, while Evans Kidero, the Governor-elect for Nairobi County had been ‘allocated’ office space at the Shell House, now occupied by the Prime Minister, there has been a spat between TA, the Government spokesperson, and Dr Kidero himself over where the Governor’s offices should be located.
More interestingly, it is still unclear what role and responsibilities are held by the Central Government over functions of devolved units. But what threatens to spark a storm is the move by PS Francis Kimemia to have Governors sign performance contracts. The decision has drawn sharp criticisms these elected officials.
Kimemia’s recent intrusion in county government matters and the issuing of statements by some of the suspended county commissioners is now raising suspicious of the intentions of the Central Government in county affairs.
The High Court had annulled President Kibaki’s appointment of 47 county commissioners. But lately, the said officers appear to be issuing statements at the counties even though their role in the devolved system remains uncertain.
In a court ruling in June last year, Lady Justice Mumbi Ngugi said that President Kibaki flouted provisions of the Constitution by creating non-existent positions of county commissioners and appointing people to fill them in disregard of the Constitution.
The Controller of Budget has also raised concerns over the state of preparedness of the country as it shifts to a devolved system of governance.
“The Government should ensure that there is adequate legislation and supporting regulations and procedures to facilitate the setting up and operationalising county governments,” said Agnes Odhiambo, the Controller of Budget.
In a 2012/2013 Budget Implementation Review Report, the controller of budget warned about the state of reporting within the Government. The problem of underreporting, she reckoned, is likely to shift to devolved units.
“This needs to be addressed urgently as it is likely to affect decisions being made, especially as we move to the new dispensation of devolved government,” explained Ms Odhiambo.
Treasury’s Integrated Financial Management and Information Systems (IFMIS), a platform that curbs wastage and misuse of public funds, is still confined to a few entities of the national government and has not cascaded to the counties.
There are also concerns that the quality of legislation within some county assemblies will be poor, based on the fact that academic qualifications of majority of the representatives are below standards.
“Parliament shot down proposals that those seeking for position of ward representatives must have university degrees,” said Kariithi Murimi, Chief Executive JMG Solutions. It is still unclear whether the amount of cash allocated to counties, to run these devolved units until the next financial year, is adequate.
The Commission on Revenue Allocation (CRA) has questioned the Sh6.8 billion the Treasury allocated counties saying it is below the constitutional threshold. While the CRA was preparing a petition to the parliamentary Budget committee, Treasury managed to convince parliament before it went on recess. The Minister for Finance Njeru Githae published and tabled four crucial Bills, one of which proposed to allocate only Sh6.8 billion to county governments. This is against the Sh30.4 billion needed to run counties up to June, when the Budget is read.
The CRA faulted Treasury proposal, arguing the law requires that county governments are allocated 15 per cent of total revenue collected by the national government. This works out to Sh30.4 billion out of the total revenue of Sh608.1 billion.
The commission has warned that Sh6.8 billion is too little and could lead to several counties stalling even before they begin operations.
“The Ministry of Finance has not used the formula for sharing revenue among the county governments that was approved by Parliament in November,” explained Micah Cheserem, chairman of CRA.
“Treasury has failed to prepare a Transitional Division of Revenue Bill to cover the four months between March and June,” said Cheserem. The commission warns that with a shoestring budget, county governments will not settle their obligations.
Ex-MP Godhana wants 150M from the State
Updated 3 hrs 15 mins ago
By Geoffrey Mosoku
KENYA: Former Galole MP Dhadho Godhana now wants to sue the state for damages over claims that he instigated tribal violence in the Tana Delta last year.
Godhana who has since been acquitted by the High Court is seeking about 150 million shillings in compensation for damages.
“I am still reviewing what I have lost following the declaration that I was responsible for the tribal clashes but for now 150 million shillings plus the cost of suit is a fare figure to ask from the state.”
The ex-legislator told journalists Sunday morning in Nairobi that he had suffered mental anguish following the accusations and as result lost his parliamentary seat.
The ODM politician said he concentrated all his energy and resources to defend himself in court and the Judicial Inquiry on Tana at the expense of campaigning.
And even as he embarked on campaigns, he faced difficulties among the electorate who still believed he had a hand in the skirmishes that led to the death of over 100 people.
“Today I want to inform you that I am planning to sue the state for defamation and malice. I was forced to spend all my resources and energies for my defense in court and the commission of inquiry,” Godhana said.
He added; “And I although I was cleared because of the announcement it became very difficult to convince my voters who had been poisoned by my rivals who were using the case.”
The ex-MP was also an assistant minister for livestock said the state has refused to pay his ministerial allowances since his suspension in October last year even after the courts acquitted him.
“From October, the state has paid me my allowances. To date, my salary is being withheld and all efforts to get the pay are not bearing any fruit in spite of the fact that I have been cleared,” he said.
Although, the former MP was mentioned by Defence minister Yusuf Hajji as an inciter, he said he was not planning to sue the minister in his individual capacity but rather the state.
Godhana, a retired army major, also demanded that the Justice Grace Nzioka led tribunal report be made public and real perpetrators of the violence be charged in court of law.
“The people of Tana who are displaced are still suffering even as the real perpetrators are still enjoying freedom. President Kibaki should move to order the arrest of those behind the killings immediately,” he told reporters at Chester house.
Questions on why IEBC had IT firm co-host server with TNA
Updated Sunday, March 17 2013 at 00:00 GMT+3
By Oscar Obonyo
KENYA: Prime Minister Raila Odinga has questioned why the electoral body had an IT firm co-host its server and that of The National Alliance (TNA) – a political party of one of the candidates.
Raila argued the conduct “of course may compromise the integrity of the electoral process.”
In a sworn affidavit, Raila points out at what he terms “a curious and very concerning feature of IEBC’s conduct”, of allowing Kencall to co-host both its server and that of the Uhuru Kenyatta-led TNA.
This, he argues, may “compromise the integrity of the electoral process but at the very least gives the very real impression that the TNA has access to all sorts of information which is at the very least initially confidential to the First Respondent ( IEBC).”
The CORD presidential candidate further believes the IEBC, as well as its Chairman Issack Hassan, failed to establish systems, which are accurate, secure, verifiable, accountable and/or transparent.
This, he argues, is a breach of the Constitution. Raila says IEBC declared results, “which in many instances had no relation to votes cast at the polling station and developed methods, which were opaque and intended to manipulate the results in the course of which the petitioners’ representatives were altogether excluded from the process.”??
The petitioner also observes that in the final tally, the total number of votes cast in the Presidential Elections differed materially from those declared by the IEBC and its boss in the Gubernatorial and Parliamentary elections, which took place on the same date “clearly attesting to my belief that massive electoral fraud and malpractice occurred or were permitted to occur by IEBC in contravention of the requirements of the Constitution”. “Its failure and collapse, on a catastrophic scale on the polling day, so fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place,” charges Raila, in his affidavit.
Raila argues the numerous instances of huge discrepancies in the total numbers of votes declared by IEBC and Mr Hassan in the presidential election held on March 4, 2013 “is inexplicable upon any reasonable hypothesis other than the existence of actual ballot stuffing, multiple voting or gerrymandering or inflating of the numbers of votes in the tallying”.
How Raila’s poll petition may change entire game
Updated 6 hrs 4 mins ago
Machakos Senator-elect JohnstoneMuthama addresses CORD supporters outside the
Supreme Court. on Saturday. [PHOTOS: PIUS CHERUIYOT and MBUGUA KIBERA/ STANDARD]
By Wahome Thuku
NAIROBI; KENYA: The outcome of the entire General Election held on March 4 could be put to question if orders sought by Prime Minister Raila Odinga at the Supreme Court on Saturday are granted.
Though his detailed election petition seeks to invalidate the presidential election result announced last Saturday, a favourable ruling could have a direct effect on the election of all other candidate from the counties to the National Assembly and the Senate.
That is the reality that six Supreme Court judges will be faced with as they start to examine the evidence presented by the presidential candidate for the Coalition for Reforms and Democracy (CORD) ahead of the actual hearing in a week’s time.
The most devastating could be a declaration by the court that the entire voter registration process and procurement of the electoral equipment was flawed. This could mean that any election conducted using the registers was invalid, null and void.
The thrust of Raila’s petition is that the Independent Electoral and Boundaries Commission (IEBC) failed to carry out a proper and valid voter registration in accordance with the constitution.
The petitioner claims that the commission unlawfully registered an extra 85,000 voters after the December 18, 2012 deadline hence tainting the entire record and the election process.
In Raila’s name
Raila lodged the petition in his name at midday on Saturday, a surprise turn of events after indications earlier in the week that his chief campaigner Eliud Owallo would file suit on his behalf.
Owallo’s name had featured in all the preliminary communication between the CORD Coalition and the IEBC and also court papers filed earlier to press for the release of electoral material. He had also told the High Court that he would file the petition challenging the victory of president elect Uhuru Kenyatta.
Raila has named the IEBC, its chairman Issack Hassan, president-elect Uhuru Kenyatta and deputy William Ruto as the four respondents.
Hassan is named in person because under the law he is the returning officer in presidential elections.
The bundles of petition papers were delivered at the Supreme Court registry amidst colour and drama, under the escort of a host of politicians, lawyers and CORD supporters. The Chief Registrar of Judiciary Gladys Shollei received the documents.
The documents were prepared and filed by lawyer George Oraro who will be leading the CORD legal team in the onslaught against lawyers for the IEBC, Uhuru and Ruto.
Court rules
Within two hours of filing, the lawyers were required to electronically serve the other parties with the petition papers according to the court rules. Contrary to earlier indications, Raila is not asking for a run-off between him and Uhuru but an invalidation of the entire elections and the holding of a fresh poll.
In the documents submitted, Raila does not claim to have won the elections contrary to remarks he has repeated in news conferences and other fora.
He is seeking a declaration that Uhuru and by extension Ruto, were not validly elected. Uhuru did not receive more than half of the total votes cast as required by the constitution and was hence not validly declared winner.
He wants the certificate issued to Uhuru by the IEBC cancelled.
The constitution provides that if the Supreme Court invalidates the election, a fresh election must be held within 60 days.
The constitution does not have a provision for the Supreme Court to order a run-off, which is only anticipated if no candidate garners either 25 percent of the votes cast in at least half of the counties or gets more than 50 per cent of the total votes cast.
A fresh election if ordered would include all other presidential candidates and any other candidates that may be nominated by political parties or even join the race independently. Such an election would be different from a run-off, which would involve only the top two candidates.
Raila argues that under the Elections Act, voter registration cannot be conducted 30 days to the elections. He claims according to figures gazetted after the registration of voters on December 18, 2012 there were 14,267,572 yet during the declaration of results the IEBC claimed there were 14,352,533 voters.
“The IEBC increased registration by 85,000 voters in clear violation of the constitution, the Election Act and the IEBC Act,” the PM says.
“All and any votes cast under such circumstances are thus unconstitutional and invalid. The consequence is that the purity of the election was polluted and the result of the poll was materially affected,” his petition says.
Raila says the commission failed to carry out transparent, verifiable, accurate and accountable election as outlined in Article 81, 83 and 88 of the constitution.
He argues that Hassan and the IEBC had a duty to act and supervise the election in accordance with the constitution and the electoral law.
Invalid action
“If they acted or failed to act in a manner that contravened the constitution, such act or omission was and remains invalid, null and void,” he says.
The PM wants a declaration that the procurement of all the equipment for the election, registration of voters, conduct of elections as well as transmission and tallying of votes was flawed and was in breach of the constitution.
If that order is granted, the country would have a fresh voter registration process and completely new procurement of the equipment including the biometric registration kits. This is the equipment that was used in all the voters for the March 4 election.
Though the decision of the Supreme Court would apply directly to the presidential election losers in the concluded polls, it could use the judgment as the basis for nullifying all other elections.
“If the court declares the registration of voters was flawed, that will have the effect on even other candidates from the county wards to governors and Parliament,” a senior lawyer said.
Raila argues that the commission and its chairman acted unconstitutionally and unlawfully in tallying the presidential votes using erroneous form 36 without counterchecking with form 34 in breach of the constitution.
He says his constitutional rights under Articles 35, 38 and 47 were violated when the commission failed to properly tally and verify the count of the presidential votes.
Electoral offences
He wants a declaration that IEBC and Hassan are guilty of electoral offences under the Election Act. Such a declaration would not only see the entire commission dismissed but could be the basis for criminal prosecution against the commissioners.
The petition will go before a pre-trial conference where the parties and the court will agree on the issues to be determined. However in his petition, Raila has already framed seven questions he want determined.
One is whether the entire electoral process from the procurement of the BVR kits to the declaration of Uhuru as president elect was invalid and so fundamentally and irreparably flawed and unconstitutional and unlawful that no valid or lawful declaration could come out of it.
He is also asking the judges to determine whether, besides invalidating the election, the Supreme Court can issue any other others.
Further he is asking the court to determine whether the IEBC, Hassan, Uhuru or Ruto committed electoral offences.
By Tuesday the petitioner should have served the commission, the president elect and the deputy with the papers either directly or through a newspaper of national circulation. They should file a response within three days after being served.
The pre-trial conference should be held on Monday next week, which is nine days after the filing of the petition. It’s at this conference that the court shall frame contested and uncontested issues, consolidate the petition with any others filed in court and give directions on various preliminary issues including the place of hearing and even how evidence shall be adduced.
The court must commence the hearing by the following Wednesday and determine the case by close of the day on Friday meaning it will have only two days to hear courtroom submissions. “By the time the judges are sitting they will have gone through all the evidence,” said the Chief Registrar Shollei.
The judges may only give a brief judgment summarising their finding and determination and then deliver the detailed decision at a later date.
What Raila’s petition says
GLANCE FACTS
A curious and very concerning feature of the IEBC’s conduct was that it allowed Kencall to co-host both its server and that of the TNA
— Raila petition
Updated 4 hrs 50 mins ago
NAIROBI; KENYA: The presidential candidate for the Coalition for Reforms and Democracy (Cord) on Saturday filed a petition in the Supreme Court seeking to overturn the declaration of Uhuru Kenyatta of Jubilee as President-elect.
The petition concludes that there was no free or fair presidential elections and consequently no government could lawfully be formed by Uhuru and William Ruto as President-elect and Deputy President-elect respectively.
Raila wants to court to “declare as null and void the whole electoral process leading to that declaration” of March 9.
Voter register
The voter register was severally altered as to make it difficult to tell which one was used finally. The petition says the IEBC illegally inflated the number of voters by some 85,000 voters
The Petitioner believes that increasing the number of registered voters was intended to permit the IEBC to manipulate the presidential election
BVR
The failure and collapse of the EVID and BVR system and the electronic results transmission systems on the polling day so fundamentally changed the system of polling and the number of votes cast owing to inordinate and inexplicable delays at the polling stations.
Reverting to the discredited manual system exposed the polling to all the attendant risks and opportunities for abuse and manipulation which in fact took place.
Form 36
The results declared by IEBC contained widespread instances of manipulation of the returns through manipulation of Form 36 and in some instances the votes cast exceeding the numbers of registered voters. The huge discrepancies in the total numbers of votes declared is inexplicable upon any reasonable hypothesis other than the existence of actual ballot stuffing, multiple voting or gerrymandering or inflating of the numbers of votes in the tallying
The petition further cites anecdotal examples of widespread anomalies listed below:
? Votes cast exceeded the number of registered voters in Tiaty, Laisamis, Igembe Central, Buuri, Chuka, IburiIgamba Ngombe, Lari, Kapenguria, Saboti, Turbo, Marakwet West, Kajiado West, Bomet East, Mt Elgon, Langata and Aldai among others.
? Results in Form 36 disclosed by the IEBC were materially different from the results that were posted in the final tally of the presidential results for Webuye East, Webuye West and Igembe Constituencies among others.
? Registered voter numbers in polling stations were inflated in Form 34 contrary to what was contained in Form 36. These included Kaproi Nursery School, Metipso Primary School, Maina Primary School, Asaibul Primary School, Sewerwa Nursery School, Liter Secondary School, Chesongoch Catholic Church, Mungiwa Primary School, Chawich Primary School and Lemeuywo Primary School.
? More than two Form 36 reflecting different returns. These included Kikuyu Constituency, Juja Constituency, Chuka Constituency, Thika Constituency.
? Alterations in Form 36 without acknowledgment including Kiambaa and Limuru Constituencies.
? More valid votes cast in some constituencies reflected in Forms 36 than in Form 34 including in Chesumei, Emngwen and Ainamoi.
? Different entries in two Forms 36 submitted in respect of the same constituency for example in Mathira Constituency.
Raila: March of democracy is unstoppable
Updated Sunday, March 17 2013 at 00:00 GMT+3
Abridged speech of Prime Minister Raila Amolo Odinga
My dear fellow Kenyans,
I stand before you today as a very proud Kenyan. And all of you as well should stand tall at this great moment of our history.
Amid all tensions generated by the stunning IEBC failures in the management of this most important election since independence, you have taken no actions that would imperil our peace. These failures dwarf anything Kenyans have ever witnessed in any previous election.
Your commitment to the rule of law and to peace has put to shame the prophets of doom who were convinced the supporters of the declared loser on March 4 would embark on a bloody course. But those same prophets are now warning that violence looms around the corner at any of the constitutional steps that lie ahead in resolving this election dispute.
They are using these scare tactics to prevent Kenyans from supporting the constitutional process now under way for the Supreme Court to legitimise the election of the next president. But Kenyans know from the experience of the tainted election of five years ago that violence destroys the lives of the innocent, sets back their hopes for decent livelihoods, and deeply divides them.
I want to state once again that I am not challenging the IEBC election outcome because I am determined to be declared president. There is no democratic goal higher than respecting the will of the people to decide who they want to lead the nation. Is that successful, historic process of greater freedom for which so many sacrificed so much going to be stopped dead in its tracks by the few who refuse to yield anything to the many?
Not sure who won
When Kenya burned five years ago after an election so tainted that Judge Kriegler said no one could be sure who won it, I readily decided to make the sacrifice that was needed to keep Kenya whole.
But what I regret is that we did not put in place any mechanism to identify and punish the perpetrators of that election crime.
Recognising the damage the sham 2007 election did to the fabric of our nation, Kenyans had created the IEBC specifically to ensure that such an election trauma would never visit us again. And to make sure that it would have state-of-the-art mechanisms and instruments, we spent billions of shillings.
And yet every mechanism and every instrument the IEBC deployed failed miserably. Its failure and collapse, on a catastrophic scale on the polling day, so fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation, which, in fact, took place.
These grave errors constituted fundamental contraventions of the letter, spirit and objects of the Constitution of Kenya. Between February and March, the IEBC tinkered with the final register several times, and it is not clear which register was in fact used in the final tallying of the votes.
On the polling day, officers of a company by the name Kencall EPZ Limited, a call centre, were reportedly receiving the results of the General Election and specifically the presidential ones. How did IEBC allow Kencall to co-host both its server and that of the TNA, which may have compromised the integrity of the electoral process or at very least indicates that the TNA had access to information that should have been confidential to the IEBC.
Despite my agents regularly updating and complaining to the IEBC about the incidences of electoral frauds, malpractice and irregularities they discovered during the elections, the IEBC neglected, refused or failed to act.
Among the glaring anomalies which were observed in the process of manual tallying were:
(a) The results were declared on the basis of unsigned Form 36,
(b) Multiplicity of Form 36, and variants of entries in some constituencies
(c) Alterations on files and
(d) Brazen disregard by the IEBC of the entries on the files of constituencies, which were eventually reflected in the final tally of presidential election results and which were announced without signed verification Form 34s.
In many polling stations, the valid votes cast exceeded the number of registered voters. There were several instances where registered voter numbers in polling stations were inflated in Form 34 contrary to what was contained in Form 36.
Kenyans’ determination to uphold democracy is renowned around the world. I have repeatedly indicated my commitment to respect and abide by the Supreme Court ruling.
Thank you all. God bless Kenya.
Riots Over Unused ‘IEBC Materials’ Found in University
A vehicle was torched and the Thika highway blocked on Friday evening as Kenyatta University students went on the rampage claiming unused election materials had been found at the campus. The materials, which bore resemblance to official Independent Elecetoral and Boundaries Commission (IEBC) materials were found at the Kenyatta University Business Centre. They included unmarked ballot papers for the presidential race, unused ballot boxes, rubber stamps and marker pens. Ballot papers for Nairobi’s governorship and women representative contests were also discovered. The Nation could not independently verify the authenticity of the materials.
Riots over unused ‘IEBC materials’ found in University
Kenyatta University students rummage through suspected election materials that was found at the institution. PHOTO / DENISH OCHIENG
By Abiud Ochieng’ aawiti@ke.nationmedia.com
Posted Friday, March 15 2013 at 20:42
In Summary
Vice chancellor explains campus had been used by the IEBC as a tallying centre
Kenyatta University students on Friday went on the rampage after unused election materials were discovered in the institution.
The students smashed windows and broke into the Business Students Service Centre where the materials had been kept.
However, the administration explained that the materials were in a room that had been used as a tallying centre by the IEBC.
The commission had hired the university facilities from February 22 to March 15 and election officials were to clear up yesterday when the rental ended.
Mr Paul Ochieng’, a student, said they became suspicious after noticing “strange people entering and leaving a room that had been “out of bounds”.
“We became suspicious at around 3pm when we noticed some people walking in and out of the room but they are not staffers. It was then that we moved to the building and saw the IEBC documents through the window,” said Mr Ochieng.
The students also burned down two vehicles alleged to belong to the IEBC.
Kenyatta University vice chancellor Olive Mugenda, however, said the materials were in the institution because it was used as a tallying centre.
“IEBC hired the premises on February 22 up to March 15. I’m informed IEBC was to clear the room today but word went round through the social media that votes were being tallied there. The students reacted and demanded to know what IEBC staff were doing,” Prof Mugenda said.
Inspector-General David Kimaiyo confirmed the institution was used by the electoral authorities.
“The venue was used as a tallying centre and we have been told that some materials were left there. We have also been informed that ballot boxes and papers used in the mock election, prior to the General Election had also been left there,” he said.
Meanwhile, Budalang’i MP Ababu Namwamba said the IEBC should have been at the scene after they were informed of the discovery.
“These materials are supposed to be at the Bomas of Kenya to be given to our lawyers,” he said.
The IEBC materials included jackets, stamps, marker pens, ballot boxes, ballot papers for presidential, governor and women representative for Nairobi County.
Kenyan journalists attacked while covering Kibera clashes
John Otanga seeks treatment for his head injury at a local hospital. (Nation/Billy Mutai)
Nairobi, January 22, 2013–Kenyan authorities must hold to account soldiers with the General Service Unit, Kenya’s paramilitary force, in connection with their reported assault of two journalists on Sunday, the Committee to Protect Journalists said today.
Dennis Okeyo, a photographer for the Daily Nation, and John Otanga, a cameraman for Nation TV, said they were attacked by GSU soldiers while they were attempting to cover politically motivated clashes in Kibera, a neighborhood in Nairobi, according to news reports and local journalists. The Daily Nation and Nation TV are a part of the Nation Media Group, a large independent media outlet in Kenya.
Otanga told CPJ that he and Okeyo were prevented from entering Kibera by GSU trucks that were parked to prevent entry and exit into the area. Soldiers had been assigned to patrol the neighborhood after supporters of a defeated parliamentary nominee began to attack locals who had favored the rival nominee, according to news reports.
Otanga told CPJ that when Okeyo showed the GSU soldiers his press card, the soldiers began to beat them with clubs. The soldiers also seized Okeyo’s memory card from his camera, and took 2,000 Kenyan shillings (US$23) from him, Okeyo told CPJ.
Otanga sought treatment at a local hospital for a head injury and Okeyo for injuries to his knee and arms, Okeyo told CPJ. The journalist also said that his memory card and money had not been returned and that they had reported the attack to the police.
Police Inspector General David Kimaiyo ordered an investigation into Sunday’s attack after Keriako Tobiko, director of public prosecution, wrote an open letter condemning attacks on journalists and demandinga thorough review of the case, according to news reports. Police visited Nation Media Group today to record statements about the attack, Okeyo told CPJ.
GSU officers have attacked journalists in previous months. In December, exiled Somali journalist Muhyadin Ahmed Roble was beaten and robbed by GSU soldiers near his home in Kairokoo, while investigating a grenade attack in the area, Roble told CPJ.
“While we welcome the swift reaction by Kenyan police to investigate this matter, such assaults should never happen in the first place,” said CPJ East Africa Consultant Tom Rhodes. “This is not the first time the GSU has blatantly attacked and robbed a journalist in Kenya. Those involved in this attack must be brought to justice, and the property of Dennis Okeyo should be returned immediately.”
The Media Council of Kenya released a statement condemningthe attack on Okeye and Otanga, and announced the creation of an online portal on which journalists could report abuses of press freedom.
For more data and analysis on Kenya, visit CPJ’s Kenya page here.
Kenya Corruption & Warlords Revealed
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http://kenya-thieves-warlords.blogspot.com/2008_03_01_archive.html
Thursday, March 27, 2008
As exams and Safaricom scams defraud Kenyans, where is Aaron Ringera?
The bandit government of Kenya is abetting crime and profound theft of public resources as well as destruction of the lives of our future generations. In this regard, the peoples’ president and Prime Minister should not be in a hurry to be sworn in because he will be complicit in the illegalities of the state and what is more he will be bogged down by collective irresponsibility.
May be it is time we Kenyans took stock of the actions of some pivotal bandits in PNU, notably George Muthengi Kinuthia ole (sic) Saitoti. The second man we need to train our binoculars on is Amos Kimunya, the youthful and liquid minister for finance. Above all, Kenyans need to ask unassuming questions such as when exam scandals were revealed the other day and while we all know including the illiterate Wanjiku, that the Safaricom IPO is an an overboard deal, one man remains handsomely remunerated in Kenya.
Justice (is he really retired) Aaron Ringera may be remembered by Kenyans for mouthy and pompous vocabulary and his well cut suits than we will ever size him up for the 2.5 million pay check that he draws monthly for nothing more than chasing around small fry and defeated former parliamentarians who inflated their mileage claims. Again, it is not all MPs. He has a knack for cracking the whip on dry economic bones while letting the grand thieves in the grand thieving PNU go scot free. Where is Aaron Ringera, the inept head of the state anti-graft agency?
The Kenya National Examinations Council was caught pants down practising waht coward-in-chief Samuel Kivuitu did to hand over illegal power to bandit president Mwai Kibaki. Kivuitu extended Safaricom’s top-up, handing Kibaki manufactured 1m votes to lipfrog the peoples’ president Raila Odinga. The KNEC topped-up exam results for some students from PNU-positive zones. What is ridiculous is that as was the case with the Kivuitu top-up, the goons at the center of the KNEC top-up missed the point and even handed ghost candidates impressive exam performances which means they can go ahead and study medicine or law. We complained about it here, now it is a national disgrace. But what has Aaron Ringera done, in spite of his enormous statutory powers? NOTHING, na Kenyans muta do?
The election was stolen. Kenyans turned out in record numbers to bundle out an insensitive regime bent on clinging to illicit power and which was implicated in mega corruption scandals. The goons at the ECK went on an extra-ordinary rigging spree, even handing constituencies like Mathira a voting impossibility with a bloated turn-out of the absurd and ridiculous 115%. Aaron Ringera is yet to ask Kivuitu to record a statement. He won’t, because he is PNU-positive and it is only former Kanu operatives who have fallen out of favor with Warlord-in-chief Uhuru Kenyatta that need to be haunted to submission. Aaron Ringera speaks big and farts big, and that is all. He farts with his mouth, empty words but a lot of pungent gasses that look misty with nothing substantive in it. The elction was stolen, na muta do?
Now on to Safaricom, the IPO of a life time. Safaricom is a company that is supposed to be owned by the Kenya government and Vodafone (K) Ltd. The shareholding is 60:40, quite innocuous and innovative. Vodafone is the leading mobile phone service provider in the world. Interestingly, Kenyans did not know something else. By law, Vodafone was only entitled to some 30% shareholding in a Kenyan company. Well it owns exactly that! So what is the noise all about?
Look at the contradiction. Where is Vodafone’s other 10%, that makes it own 40% of Safaricom? Now it turns out that Mobitelea Ventures, is an acronym for Moi Biwott Telecoms East Africa. It is registered offshore in circumstances that leave you and I speculating till death. The Guardian newspaper fo UK found out that Mobitelea was registered in Guernsey on June 18, 1999 – several months after Vodafone had struck a preliminary deal with the Kenyan government. Mobitelea’s real owners are hidden behind two nominee firms, Guernsey-registered Mercator Nominees Ltd and Mercator Trustees Ltd. The directors are named as Anson Ltd and Cabot Ltd, based in Anguilla and Antigua.
Smart fools. The red flag has always been raised regarding the faceless individuals behind Mobitelea, including an expose by the Mar Group. Nothing has startled Aaron Ringera so far. No, he smells no fishy deal. Talking of fish. Mr Amos Kimunya has presided over the treasury at a time when the economic sector in Kenya was tribalized and trivialized. From irregularly helping mask the faceless goons behind a substantial acquisition of Equity by an alleged Nigerian investor, which boils down to the bandits at SH, to illegally authorizing the sale of the Safaricom shares at the super diluted price of 5 bob/ share at the IPO, it is evident that Kimunya is scandalous. Key analysts of the stock markets are wondering why the artificial undervaluing of the Safaricom issue at 5-bob when recent issues like Mumias were priced at over 10-bob. Is kobole really Safaricom’s worth? Some observers opine that the kobole is meant to be the lowest, which will induce weaker investors to offload their shares at the NSE once floated
on May 30, 2008 if the demand and prices climb. Ideally, once the prices sky-rocket to say 100-bob, some investors will be keen to offload, meaning the shenanigans are waiting to up the ante and increase their share-holding through the NSE in what is on the surface legit. Kenyans, muta do?
Recently key players at the NSE namely Nyagah and Francis Thuo stock brokers either went under or are under statutory management. Kenyans would like to know how long it took the regulator, Capital Markets Authority (CMA) to see it coming and why the NSE was reported to have loaned out a cool 100million shillings to a sinking venture. Well, you need to see the surnames of the principals in the two rogue NSE dealers to understand why Kimunya is culpable. Aaron Ringera has not moved on the illegal activities. Kenyans, muta do? There are more reasons than one why the IPO should not be allowed to go on. The privatization of state corporations needs to be carried out by a commission which was established under a relevant Privatization Act. Mr Kimunya, in his Jua Kali way of fiscal management, is yet to operationalize the Act which denies Kenyans the transparency that such a massive investment requires. Furthermore, the collapsed rogue brokers sunk with millions of shillings belonging to prospective investors who will be disenfranchized. It is immoral to proceed with the IPO without Kenyans, any sector of Kenyans. Where is Ringera, na Kenyans muta do?
Looking at the exam scandals and the economic rape that Kenyans are paying for, one name keeps popping up like a cancerous tumor. Professor George Saitoti, the crane-necked minister in charge of police genocide and brutality is synonymous with the Goldenberg scandals, exam cheating and police scams. Why has Aaron Ringera not moved on him? With all these reports of scam after scam, what does Ringera’s radar await, surely? Does he need to be visited in the dead of the night by a night runner and informed that Mr Wasanga of KNEC should have recorded a statement with his office the moment there was any hint of impropriety? Should he be taught what earning 100-fold the salary of a high school teacher who breaks his back in 40 lessons a week means? He has a job description, but annual reviews tell us that his performance is not commensurate with the perks. He is abdicating his responsibilities. He should have no job now and not in the future either.
But one question remains unanswered. While Kenyans grope in the darkness for answers to a number of questions and more remarkably the exam scandals and the Safaricom IPO where are the state graft agencies? Where is the one man who will likely be remembered for farting loud and doing nothing about corruption. Where is the Right Hon Justice Aaron Ringera? And why do we still need to pay him to fart on his cozzy swing chairs while the corruption lords run away with our little cake? Why?
Tear gas in Kenya as prime minister files suit
By TOM ODULA and JASON STRAZIUSO | Associated Press – Sat, Mar 16, 2013
View Photo
Associated Press/Khalil Senosi – Kenyan police officers patrol near the Supreme Court as the party of Kenya’s Prime Minister Raila Odinga file a case with the court over what the claim is massive fraud that …more took place during the country’s March 4 election, in Nairobi, Kenya, Saturday, March 16, 2013. Uhuru Kenyatta won the election with 50.07 percent of the vote. Saturday is the last day Odinga can file a petition to protest the result. Kenya’s election has been largely peaceful, unlike the 2007 vote that sparked two months of violence that killed more than 1,000 people. (AP Photo/Khalil Senosi) less
NAIROBI, Kenya (AP) — Police in Kenya lobbed tear gas Saturday on crowds supporting the prime minister as he filed a petition asking the Supreme Court to void the presidential election, a vote the prime minister says was neither free nor fair.
Prime Minister Raila Odinga’s court filing comes a week after Kenya’s election commission declared Uhuru Kenyatta — the son of Kenya’s founding father — the winner of the country’s March 4 vote. Kenyatta won by a hair, with 50.07 percent of the vote, breaking the 50 percent mark by about 8,000 votes out of 12.3 million cast.
Kenya’s election has been largely peaceful, unlike the disputed 2007 vote that sparked two months of violence that killed more than 1,000 people.
But downtown Nairobi carried the scent of tear gas Saturday after police threw canisters at Odinga supporters who gathered despite warnings from police. An Associated Press reporter at the scene said the supporters were not demonstrating or being violent when the police lobbed the tear gas.
Later, police lobbed more tear gas at supporters gathered in front of the Supreme Court building.
“It’s everyone’s right to hold demonstrations, but police will stop demonstrations that may have ramifications on security,” said police spokesman Masoud Mwinyi. “Police are taking precautionary measures to warn people to disperse, but if they don’t we will use minimum force. Their presence can create unnecessary tension. Already we are seeing pockets of volatility.”
Odinga wants Kenya to hold new elections. The petition filed Saturday asks the court to set aside the announcement by the election commission on March 9 that Kenyatta and his running mate William Ruto had won the presidency and deputy presidency. Odinga is being represented by a U.S. lawyer who formerly represented former President George W. Bush, said Eliud Owalo, Odinga’s campaign manager.
The Supreme Court has two weeks to decide on the petitions.
Odinga came in second in the eight-candidate field with 43 percent of the vote. He had hoped to keep Kenyatta under the 50 percent mark and force a two-man runoff.
The Odinga petition says that the voter register was altered and “mysteriously grew overnight by a large proportion” on the eve of the election. Votes cast exceeded the number of registered voters in several locations, it said, adding that the change in the number of registered voters was to allow the election commission to manipulate the election results.
The petition said that the electronic voter ID and biometric voter registration systems were “so poorly selected, designed and implemented that they were destined to fail,” which forced the election commission to revert to a “discredited manual system” that carried risks for abuse and manipulation.
The election commission “failed to establish systems which are accurate, secure, verifiable, accountable and/or transparent and indeed declared results which in many instances had no relation to votes cast at the polling station,” the petition said.
If the court upholds Kenyatta’s win, he will become the second sitting president in Africa to face charges at the International Criminal Court. He and Ruto both face charges related to having helped orchestrate the 2007-08 postelection violence. Both deny the charges. Ruto’s trial begins in late May; Kenyatta’s begins in July.
Kenyatta has promised to report to The Hague even if he wins the presidency.
Despite the second straight disputed presidential election, Kenya has for the most part remained at peace during the election period, though vicious online fights between supporters of Kenyatta and Odinga have broken out on Facebook and Twitter.
Odinga has asked for calm from his supporters during a week of news conferences in which his team has claimed the vote was rigged. He has said he will respect the Supreme Court’s ruling.
One supporter said Saturday he hoped the court overturns Kenyatta’s win.
“We have a lot of faith and confidence that the verdict will reflect the will of the people. Kenyans are not peaceful, they are only calm,” said Warega Fredrick, pro-Odinga student who was outside the Supreme Court on Saturday.
Also on Saturday, civil society groups filed a petition with the Supreme Court asking that the election results be nullified on the basis that the election process was irrevocably flawed. The groups working under the name Kenya for Peace, Truth and Justice said the actions of the electoral commission threaten future elections.
The groups said the commission has not yet offered a credible explanation for all of the election’s technical failures.
Election day did not go as planned. An electronic voter ID system intended to prevent fraud failed across the country for lack of electricity in some cases and overheating computers in others. Vote officials instead used manual voter rolls.
After the polls closed, results were to be sent electronically to Nairobi, where officials would quickly tabulate a preliminary vote count in order to maximize transparency after rigging accusations following the 2007 vote. But that system failed, too. Election officials have indicated that computer servers overloaded but have yet to fully explain the problem.
As the early count system was still being used, election results showed more than 330,000 rejected ballots, an unusually high number. But after the count resumed with the arrival in Nairobi of manual tallies, the number of rejected ballots was greatly reduced, and the election commission said the computer was mistakenly multiplying the number of rejected ballots by a factor of eight.
The U.S., U.K. and Europe are watching the results closely in Kenya, the lynchpin of East Africa’s economy. Many African countries have directly congratulated Kenyatta for winning the presidency, but many Western countries including the U.S. and U.K. released statements congratulating Kenyan voters but omitting any mention of Kenyatta.
On Mar 18, 2013 2:11 AM, “Paul Nyandoto” wrote:
People;
Some sources are claiming that ISAAC HASSAN has fled out of the country: is it true?. He is the only Uhuru`s chief witness in winning the presidential election.
It is coming out that the vote rigging Happened and IEBC and Kencall EPZ Ltd did the job. How true is this?: I hope the SC open everything, so that no more rigging will ever happen in Kenyan soil again.
Paul
— On Sun, 3/17/13, Oduya – Magunga wrote:
From: Oduya – Magunga
Subject: Kencall doesn’t host servers or databases.
Date: Sunday, March 17, 2013, 1:25 PM
Rev. KM,
I just invite to re-read Hon. Raila’s petition again. Kencall EPZ Ltd whose founder member is a Director of CBA hosted TNA/IEBC servers. How is legally immeterial before a court of law.
Regards,
Oduya-Magunga.
Sent from Yahoo! Mail on Android
From: Kuria-Mwangi ;
Subject: Kencall doesn’t host servers or databases.
Sent: Sun, Mar 17, 2013 4:43:31 PM
SO
This is in the Cord’s petition. Maoni on this issue? Did Cord just payuker in the petition or is this fellow payukering? This not my area but I guess you can tell us if Cord rushed into making some allegations. Iko maneno?
As we wait for official response..this is what i know.Kencall does call center and bpo..back office.They do not host servers.
what iebc,tna and any other customers did is just to use kencall call center to manage Hotlines..you want to find out how to vote…you call kencall. ekencall of course have Call center management/crm software to track and record calls.
IEBC hosted their tallying servers inhouse..it seem they had server at county tallying center and main one at Bomas…all this in a secured network provided by safaricom.CORDOM WERE TAKEN THROUGH THE WHOLE ELECTRONIC TRANSMISSION AND I THINK THEY HAD OBSERVERS EVERYWHERE INCLUDING IN SERVER ROOMS.
This petition is running on empty.
If iebc wanted a data center…they could have chosen safcom/seven seas…or other providers with data centers.
IEBC HOTLINES ARE NOT FOR RELAYING RESULTS.THEY ARE MAINLY FOR VOTE EDUCATION.
From: Lee Makwiny
Subject: Where the hell did cord get these numbers-14,267,572 ?
Sent: Sun, Mar 17, 2013 10:41:37 AM
And indeed, the gazetted the 4.2m, if my non legal mind got it right.
On 3/17/13, Oduya – Magunga wrote:
Rev. KM,
Re-read Raila’s petition again and you’ll get accurate answers to your questions if that is what you’re up to. However, if your intention is to divert attention from from the real issues raised by Hon. Raila then continue speculating; I can only wish you all the best.
When IEBC was proclaiming the 14.3M registered voters, they did indicated, in the same press statement, that close to 50K people were double registered and such would be weeded out during the clean up of the voters’ register before Kenyans go to the ballot. That is where the IEBC figure of 14.2M is coming from and where the CORD/IEBC disparity of figures of 85K is stemming from, at least according to my non-legal understanding.
Regards,
Oduya-Magunga.
Sent from Yahoo! Mail on Android
On 15 Mar,2013, at 9:24 PM, jalkani . . . wrote:
From a reliable source on the ground these are actually used presidential votes that were being altered. As SO said somewhere in this forum these thieves are so open with their ill deeds that they don’t care how and where they do their business. And yet some people are singing praise songs. This is the right time to stop vote rigging and impunity in our Kenya.
Riots over unused ‘IEBC materials’ found in University
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Kenyatta University students rummage through suspected election materials that was found at the institution. PHOTO / DENISH OCHIENG
A vehicle was torched and the Thika highway blocked on Friday evening as Kenyatta University students went on the rampage claiming unused election materials had been found at the campus.
The materials, which bore resemblance to official Independent Elecetoral and Boundaries Commission (IEBC) materials were found at the Kenyatta University Business Centre.
They included unmarked ballot papers for the presidential race, unused ballot boxes, rubber stamps and marker pens.
Ballot papers for Nairobi’s governorship and women representative contests were also discovered
The Nation could not independently verify the authenticity of the materials
Sent via BlackBerry by AT&T
— On Sun, 3/17/13, Faiza Hassan wrote:
From: Faiza Hassan
Subject: Ssssssshhhhhhh,Kimaiyo is watching u!
Date: Sunday, March 17, 2013, 12:11 PM
There will be no Nyayo house. This time it will be Argentina system of 80’s
On Mar 17, 2013 6:55 PM, “Rose Ikirima Kagwiria” wrote:
Tom.
We are back to 70s leave alone 80s. Sssssssss. I dont want to end up there. You know where.
On Sun, Mar 17, 2013 at 3:06 PM, wrote:
Yes we are headed that if the court does not over turn IEBC mess.
Sent via BlackBerry by AT&T
From: tomoreje@ . . .
Date: Sun, 17 Mar 2013 07:07:55 +0000
Subject: Ssssssshhhhhhh,Kimaiyo is watching u!
Kwani we are going back to the Nyayo era?
Cheers.
From: Evans MACHERA
Date: Sun, 17 Mar 2013 00:03:16 -0700 (PDT)
Subject: Ssssssshhhhhhh,Kimaiyo is watching u!
You are being discouraged from gathering into groups to discuss politics especially after the just concluded election. Inspector General David Kimaiyo says it will not be accepted as it could generate unnecessary tension and strain harmonious existence. He further says that demonstrations will not be allowed and have been termed illegal.” – The Star .
From: Samuel Omwenga
Sent: Sunday, March 17, 2013 1:48 AM
Subject: Uhuru Kenyatta Is Pulling Wool Over Everyone’s Eyes, Especially the Kalenjin
In Uhuru Kenyatta Is Pulling Wool Over Everyone’s Eyes, Especially the Kalenjin published in the Star today, I point out the pitfalls that lie ahead for his side-kick William Ruto and the Kalenjin community in the unlikely event Uhuru becomes our next president.
My analysis is informed by not only history but facts and information as we know it now and is continuously changing, most recently the dropping of the ICC charges against Muthaura.
My contention is sooner than later and especially if Uhuru becomes president and Ruto becomes his Vice President, it’s very likely the case against Uhuru will be dismissed and only Ruto and Sang will be left facing the music at the Hague.
How ironic but convenient would that be for Uhuru and his handlers.
There won’t be any need to shred any MOUs as the side-kick will be nearly exiled at the Hague, leaving the boys to do as they wish with the presidency without him around to even as say ngwe.
As I also conclude in the piece, there is time for our brothers and sisters from Kaleland to reconsider and maybe they can avoid all of that.
Of course, first order of business is getting the Supreme Court to do the right thing and nullify the bogus results announced by the obviously compromised IEBC purporting to show that Uhuru won the presidency when he, in fact, did not.
We patiently await the Court’s evaluation of the evidence provided by Raila and his team to this effect and are of the view the evidence of rigging is so overwhelming there cannot be but one outcome and verdict on the petition filed by Raila and that’s the nullification of the compromised elections results for president and send this thing to a run-off, which is in turn the only option that can prevent the country from going up in flames.
On Sun, Mar 17, 2013 at 5:51 AM, roz kahumbu wrote:
SO, Lee and Co.,
Seen on Face Book…an event which no-one from Cord is mentioning here!!
”
A Uon Student George Kwera was shot dead by Police as he acompanied Cord to file their petition at the Supreme court he died young and stupidly may he rest in peace… This is a lesson to all kenyans when politicians ask for demos don’t go… Let them…. their kids be in the frontline shouting.
Don’t you think it’s time you advised Cord to stop the nonsense of using other peoples children to antagonize the situation and the police and at the same time risk their lives for the sake of Raila ? Luring the youth to taunt the police is a crime ! You dress them up in some sort of uniform…or not…YOU HAVE NO CONTROL OVER THEM WHEN YOU SEND THEM OUT ON A STUPID MISSION TO CREATE NOISE AND MAYHEM .THE MADNESS IN USING OUR YOUTH IS YOUR FAULT AND I HOPE THE PARENTS OF GEORGE KWERA SUE CORD OUT OF EXISTENCE TOO.
I can tell you now that if one of my children came to harm through Cord I would find a gun from somewhere and deliberately shoot dead every cordster I could find!!
Look how you in cord blame the police for shooting Luo’s in Kisumu during the bloodletting of PEV. You have seen the video…..yet you fail to take into account that the youth who was running away from police for being a hooligan in town was actually, at the same time, taunting the cop who was chasing him. If you do not teach youth to respect the law you should not complain when they ask for trouble. You are teaching our youth to behave like a riotous mob.
Shame on you advisers and organizers of Cord mobsters.
I have no complaint about the authorities taking us back to Nyayo era and the banning all meetings for discussing politics. Cord has brought this situation by refusing to get off their euphoric and absurd campaign mode long after election day and it is past time this madness is stopped and they are gagged.
If you have to, go to court respectably and quietly like civilized people do.
roz
— On Sat, 3/16/13, Joseph Lister Nyaringo wrote:
From: Joseph Lister Nyaringo
Subject: Open Letter to Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya
Date: Saturday, March 16, 2013, 11:55 AM
CJ Mutunga is likely to rule for an election re-run and those who admire Raila Odinga’s vision for the nation must start preparing early enough.
The contest between Raila and Uhuru will be titanic. Those who don’t see, Uhuru has started to galvanize his base; bringing together losers like Mudavadi and Magara who are now in his wallet. This is not about sharing positions but a campaign strategy in the event Mutunga rules for a presidential election re-run.
The contest will be of great fireworks from Uhuru Kenyatta; a man who is a heartbeat away from the Presidency.
Do not be cheated that what the President-elect is doing is only about solidifying his future govt but a strategy to win the election in the event Mutunga rules for a re-run. If not checked, it will catch Cord off-guard. Don’t forget Uhuru and Ruto have proved that they are great campaigners, manipulative, cunning and will use all means to ensure they win. Cord, don’t be complacent. Strategizeand strategize!!!
Lister Nyaringo
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
From: Samuel Omwenga
Sent: Saturday, March 16, 2013 9:47 AM
Subject: Open Letter to Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya
KM,
We know this is what you and those removed from reality are prepared to charge when the court rules in favor of Cord, namely the bogus charge that the case is “fixed” but it doesn’t matter; what matters is the evidence and facts upon which the decision will be based, which is so overwhelming even Uhuru himself has acknowledged as much as he now says he will accept the court ruling and go for a re-run.
Peace, Unity and Truth
Omwenga
On Sat, Mar 16, 2013 at 9:14 AM, Kuria-Mwangi wrote:
SO should withdraw this letter because it hurts cord more than it helps. Reading SO, not just this letter, one gets the impression that the case is fixed in favor of Cord. I thought I was the one who had that impression. It is very wrong when such comments are made by a foreign. I must congratulate the other foreigner, MO for keep off these legal issues.
On Sat, Mar 16, 2013 at 9:00 AM, mohamed warsama wrote:
I am forwarding this letter below to my friend, Naim Bilal, the PRO to the Supreme Court Chief Justice. It is an arrogant and presumptious attempt by an outsider to tell the Supreme Court how to go about its work in delivering judgement on the so-called petition. Reading be3tween the lines, it is very clear the writer expects the SC to rule only in favour of Cord.
Mohamed Warsama