Folks,

The New Constitution is People Mandated Program which commissioned the Government to facilitate its conclusiveness through the REFERENDUM PLATFORM.

Without the REFERENDUM going through, there will be no ELECTION.

There are those who support a facilitating Government Project MANDATED BY THE MAJORITY PUBLIC to be delivered to REFERENDUM for CLEARANCE by the MAJORITY VOTING “YES”. And there are those who are against it the “New Constitution” from being delivered to the Public at Referendum, BECAUSE THEY FEAR LANDSLIDE SUPPORT for it by them lagging behind with their anticipated LESS VOTE COUNTS SUPPORT will not garner support to their disagreement in the opposing group, so those who do not want the Government Project succeed and be brought before the PUBLIC for CLEARANCE VOTE, fearing exposure of intimidating LOSS.

Courts Have No Mandate to Block People”s Public Program Mission of the “New Constitution” facilitated within the “Government Project”. ICC too cannot intervene to stop the REFERENDUM from taking place. Election is then possible after the REFERENDUM being PASSED “YES” BY THE PUBLIC.

I therefore ask some of the “NO” Advocates, as well as those who keep dangling on the “Kadhi Court” with the “Abortion” issues to slow down. They are like those busy bodies chasing the wind. There is no amount of Law cooked or bribed from the Court, like the three Good-for-Nothing Judges who recently released statement of the “Illegality of the Kadhi Court” in the Constitution will not stop the wind of CHANGE which is blowing the “New Constitution” to the Referendum.

We all know that FEAR-FACTOR is the reason for the minority “NO” group because of the CHANGE coming with the “New Constitution” as follows:

1) Their acts of corruption and impunity is causing them un-controllable DIARRHEA

2) Their source and loopholes of looting from Kenyan Coffer will be sealed with the enforcement of New Constitution

3) Each and everyone will be entitled to Pay Taxes

4) Legal Justice will be fair for all

5) Stealing of people land including public land stolen will be recovered

6) Those who took INVESTORS MONEY pretending Public Utility and resources are individually or privately owned by them or public wealth belonged to their fathers are in to a rude shock.

7) There will be a clear-cut level playing field for business challenges and competition without discrimination

8) Good Constitutional Governance will be put in place with a functioning dependable Legal Justice Legal where cases will be concluded within a reasonable time frame

9) Security will be guaranteed to all People Public and Citizenry without discrimination

10) Unity and Love amongst Kenyans will prevail with the hope of Re-structuring a Better Kenya for all championing for an improved destiny for a better future.

11) Education will be available to all fairly without discrimination of Age or tribe or region

12) Millennium Development will finally include the marginalized and discriminated regions and Business will be an opportunity open to all Kenyans without discrimination

13) Opportunity to own Land will be accessible to all

14) Food will become plentiful enough to all with plan to store and search for more external markets

15) Public voices will be heard and treated with the concern it deserves

16) Civil Society including the Grassroots Local Community will become an immediate Government Partnership for Development and prosperity

17) People Public Mandate, Dignity and Virtue will be embodied and respected by the Legislatures, Judiciary, and the Government as the Three Arm of Governance

18) Health Education and information issues will be a provision accessible to all without discrimination

19) Women and Youth projects for development will be given prominence and recognition top on the list to jump-start the Economy

20) Protection and Boarder Security to protect Citizenry from invasion will be guaranteed

21) All land, Resources and public utilities and facilities stolen will be recovered

22) Kenyan Professionals Consultants will be engaged in both the Senior Most Government and the Ministerial Offices, not hand-picked

23) There will be hope for College graduates to get engaged and be hired by the Government

24) Environmental protection and preservation will be a responsibility for all Kenyans supervised by the Government

25) Public funding acquisition will be accountable with transparency to Public resource and facilities, offenders will be judged within the judicial courts accordingly

Non of the above itemized list above are presently recognized and not available for the People Public of Kenya presently, and I see no reason why Kenyans will not vote “YES” to Reinforce and make a Democratic Governance Work for their interest and by accommodating new system for CHANGE.

The “NO” folk should be considerate and stop dangling and floating in the air like kites attached to a thin string with no direction or, jumping like frog from to place place making croaking frustrating sounds. They should know, they are completely irrelevant but face reality for once.

Thank you people, and keep fire well lit on their bottom ! It is beginning to make some impact.

My question to those “NO” who want to stand for 2012 election, how will they be elected or go for election without election procedures and principles governing such and as well if they don’t pass the “New Constitution” at the Referendum with a “YES”. What do they fear? Are they not the dangling aimless balls without cover or protection. Are their eye-BALLS pooping out? Are they beginning to realize something they thought were wishful thinking ? Joseph Kipkorir, kwani, Raila amebeba shindano size gani unashikwa na bubuwazi pamoja na butterfly ……… kalia kiti sawa sawa, Raila haja beba shindano yoyote …… yeye ni mkenya kama wengine, uwanja u wazi yeyote anae jisikia mwanamme tosha au mwanamke ajirushe uwanjani for Presidential seat, muamuzi ni kura, au vipi?? ……….

Cheers !

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

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Kenya AG steps up battle for kadhis’ courts

By JILLO KADIDA and PATRICK NZIOKA

Attorney General Amos Wako wants a speedy hearing of his appeal against the ruling which declared the kadhi courts illegal.

In a letter to the Registrar of the High Court, Mr Wako asked that the appeal be heard before the referendum on a new constitution scheduled for August 4.

“It will be prudent that a record of appeal be prepared and the appeal be heard before the referendum,” the AG said, “kindly but urgently supply us uncertified copies of the proceedings in this matter to enable us prepare a record of appeal”.

Administrators

The letter is signed by a Senior Principal Litigation Counsel, Mr A. O. Ombwayo. It is dated May 26.

The AG’s letter came as the government called a meeting of top provincial administrators in Nairobi from Friday.

The two-day meeting at the Kenya Institute of Education (KIE) will be attended by all provincial commissioners, deputy provincial commissioners and district commissioners from across the country.

The meeting, whose agenda is still a highly guarded secret, comes a few weeks after another parley held in Mombasa for senior Administration Police officers. The APs work under the PCs and DCs.

On Thursday at the Office of the President at Harambee House, there was a meeting of top security officials, including heads of the military, police and security intelligence.

The meeting was hosted by Internal Security minister George Saitoti, but it was not clear whether it was a routine meeting or it had added significance because of the impending referendum.

Under fire

Meanwhile, the three Constitutional Court judges who delivered the controversial judgment and have continued to come under fire, were defended by lawyers who represented the church leaders in the case.

The lawyers called for an end to attacks on the Judiciary.

But opinion was divided on whether Imenti Central MP Gitobu Imanyara was right in proposing a Motion of Censure in Parliament against judges Anyara Emukule, Roseline Wendoh and Joseph Nyamu.

Former Speaker Francis ole Kaparo said the motion was an affront on the principle of separation of powers and would undermine judicial independence.

But former Butere MP Martin Shikuku and Clerk to the National Assembly Patrick Gichohi felt the motion was in order.

The ruling seems to have split the Judiciary.

Many judges who talked to the Nation on condition of anonymity criticised their colleagues for making a ruling that opened the Judiciary to attacks on grounds that it was making political rulings.

A High Court judge said: “I don’t understand this decision. All I can say is that it is a reckless judgment.”

He asked why his colleagues gave such a ruling on a case that had been overtaken by events.

“They (the three judges) know how sensitive the issue is. This kadhi court never affected anyone apart from Muslims; this case is on Bomas Draft. How can they give a ruling on a case that has been overtaken by events?” asked the judge.

They were reacting to a decision by the three constitutional court judges, which not only declared the inclusion of kadhi courts in the constitution illegal, but also condemned use of public funds to support it.

The Judiciary has openly lobbied against a section of the proposed constitution, which will force all of them to be vetted afresh and those who do not pass muster sent home.

But speaking to Nation on Thursday, another judge said new constitution will make the Judiciary stronger, even though some judges will have to go.

Those who will survive the vetting will make for a stronger institution, he said.

Another High Court judge said they were also interested in the constitution review process and criticised attempts to derail it.

“We are interested in the constitution and any attempts by any of us to muddy the water is completely unacceptable,” said the judge.

He said the Judiciary, by its decision on the Njoya case, forced the 2005 referendum on Kenyans by refusing to liberally interpret the then section 47 of the constitution.

“It is that referendum that sowed the seed which eventually germinated into post-election violence. Any present attempt to use the same trick is going to be resisted by us.”

Independent

He said the Judiciary was slowly regaining public confidence, especially with the brave and independent rulings on election petitions, but now all that might go down the drain.

He said the ruling might be discussed at the next judges colloquium.

Another judge said it is only fair to challenge any decision that one is not happy with rather than condemn the judges for doing their work.

He said the three gave their interpretation of the law as they know it and it is wrong for the public, and especially lawyers who understand the law, to join the chorus of condemnation.

Another judge said it is wrong to condemn the entire Judiciary because of one decision by three judges.

He said as judges they cannot purport to dismiss one another’s judgments.

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— Joseph Kipkorir wrote:

WHY IS THIS SELF-SEEKING MAN FORCING US TO VOTE ‘YES’?

He claims to be a democrat. Going by past and the recent developments in the Kenyan political field, Raila Odinga has not displayed anything close to this. His dictatorship tendencies have already been exhibited through his previous behaviour and the move he recently made against William Ruto and Charles Keter.If that is the democracy we are going to have under President Raila Odinga (God forbid), then the country is headed for Ruins. It’s worthy noting that going by his background, Raila has never been a democrat. He is a backstabber and ruined is the man who thinks he can make friends with Raila.All his life he has made it politically through oppressing, suppressing, shortchanging and taking advantage of people who help him.

After getting him deciding to support the draft constitution (through coercion by Americans-who have become his masters since Obama took over), Raila is now determined to not only push for the adoption of the constitution (which he knows that its not good for the country) but also ensure that his family and close relatives are the only beneficiaries in any political venture. Remember that after the death of Jaramogi (Raila’s father); Raila pushed his non-political brother Oburu to contest in the by-election in Bondo.its not intricate to tell that most of Raila’s relatives are the ones who occupy most parliamentary seats in Luo Nyanza after getting free nominations from Raila’s party. After the formation of the grand coalition government, Raila appointed his sister as an ambassador. He also appointed one Elkanah Odembo; a close relative to become an ambassador. He has up to date never considered people who sacrificed and campaigned for him. He has instead taken to bullying those people who helped him ascend to power. I personally worked so hard to mobilize Kenyans in Diaspora to support him when he contested for presidency in 2007 (sorry that the votes were stolen). Raila is very egotistical.

If the new constitution is passed, he is going to put his son to contest in Lang’ata .he is so self centered that he doesn’t even have the will of handing over the political mantle to other people’s children. It would have been a statesman like move if Raila at least nurtured an orphan, or son or a daughter of a peasant .After taking the political mantle from Jaramogi,he now wants to hand over to his son. Is Kenya a monarchy? It’s even known that his son, Fidel has officially joined Mungiki and has been seen walking around with Maina Njenga.as a way of adopting the Mungiki practices, Fidel no longer wears underwear. There must be a lot of things happening in this family. Do you remember the rolls of bhang that were found in Oburu Odinga’s car? The whole family seems to be converting to Mungiki!!

Raila has no moral authority to force us to us to adopt the American agenda through the new draft constitution. The constitution is a selfish tool for him to claim ownership of the review process. So far all leaders be it kibaki, raila himself, kalonzo, uhuru and Mudavadi have agreed that there are flaws in the draft. Why they want to force us to adopt it I don’t know. There must be very evil motives behind this!!!!!!! Kenyans must beware of Raila’s intentions.

When it comes to the referendum and the 2012 elections, Kenyans must make sober decisions otherwise if we vote for Raila; he will crown himself the King of Kenya and make Ida-his wife the queen and Fidel will be the prince and heir apparent. Kenya will never be a democracy again. Kenyans should also remember that Raila keeps on claiming that he has a heritage from the Nabongo Mumia; the former King of the Wanga kingdom. I will not fall prey to those tricks. I will vote _NO_.