March 11, 2013
News & Analysis
Votes for Uhuru Kenyatta 51.000
Total Cast Votes: 17.000
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please stop trying to incite people with such incomplete evidences.this was a simple mix up that just happened…we can understand the officers were tired n above all…why dont you show where this man apologised and read out the results again?be careful..n just as a reminder…a single match stick can set a whole forest on fire…we want peace in kenya…just because one person never fulfilled his selfish aspirations to gain power and now he is exploding with anger does not justify turmoil in kenya again.kenya is bigger than RAILA ODINGA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
KSB: Mitallis, you are damn right on one note and wrong on two notes. Kenya is bigger than one person. You score 100%. Secondly, we need peace in Kenya and I totally agree with you. The bit where you are wrong is where you suggest incitement. This is a video clip and no one really knows what was on paper and whether it was a mix. Going to court is allowed because it is part of the game. It was created because in 2007, Obako was sworn in at night, afew hours after he stole the vote. If Raila did not use this possibility, Kenya could be burning by now so he ought to have been congratulated for playing it cool. Over 5 million Kenyans voted for Raila and these voted ought to know the truth about their votes. My suggestion to you is: Let us wait for the court verdict. Neither you nor myself can say what happened. What is known is that Raila is convinced that election was rigged. Whether you like it or not, this court case is what may be standing between a peaceful Kenya and a turbulent Kenya. We created this possibility so let us give it time. You seem restless and your restlessness is what could burn Kenya. Regards.
Lol.. Those votes were re read and clafied.. So if that is part of the evidence spare your breath
Really okoth osewe.. The country is in such a volatile mood and you want us to take sides??Why dont you let the judicial system take control?, then we can decide who won. If raila won then let it be. BUT the people have spoke and ….uhuru won. You are a shame to kenya by taking sides, declaring actions that should ban your website like mashaada.com. please if you are a gentleman let the courts decide. And we shall all oblidge to the fact. I always supported raila BUT you are making this hard for me. He is a gentleman unlike you. Ku-payuuka tu
KSB: Kimani, wacha matusi. You seem to be reading KSB selectively. When the result was announced, I was among the first people to congratulate IECB for a work well done and that was even before Raila came up with his allegations. Here is what I said. “From the transparency of the tallying process by IEBC witnessed at Bomas of Kenya, and in the absence of no credible evidence so far produced to challenge the verdict of IEBC, KSB believes that the outcome of the election reflect the will of majority of voters who gave Jubilee their votes. The IEBC has done a fantastic job in managing the process and KSB congratulates the Commission together with its officers”. The link is still at KSB.
When Raila began to give details about what he saw as rigging, I thought he ought to be listened to. He had followed the law by going to court and I do think that he deserves a hearing as an aggrieved Party. The action he has taken is allowed otherwise he could have ignored the court thing and Kenya could be burning by now. Over five million Kenyans voted for Raila and these voters need to know that their votes counted and that Raila was defeated fairly. I do not understand how I am taking sides with the video clip. I have been preaching to critics here to allow the court to do its work. We wait for the verdict. Calling for the shut down of KSB is childish and immature because KSB is not inciting anybody. Instead, the blog has opened up space for Kenyans to debate the issue, ventilate and pour out their feelings instead of running to the streets. KSB is keeping Wakenya bizzi examining the facts instead of throwing stones as the process rolls. A lot of hate messages and incitements from both Raila’s and Uhuru’s supporters are being delivered to the waste bin because Kenya needs to be peaceful. Comparing KSB with Mashada was pathetic. For your info, KSB can never be closed down because of reasons you cited on grounds that I am responsible. Regardless of the outcome of the court case, life must go on and all of us must work for a better Kenya. Stop your assumptions, matusi and be responsible. I can also tusi you but I do think that in doing so, I would be bending too low. If you want a dwell, let us go for mchongoano instead and we see how it goes. Regards and keep the peace.
Uhuru Kenya is not a President of Kenya Republic he is a president of Kikuyu /kalenjin Village Chief .That is why he is not Sworn in by anybody!
When Raila and ODM resorted to mass action in 2007 to protest the disputed presidential elections, there are those who had argued that he should have moved to court if he had any grievances. ODM’s argument then was that the judiciary was compromised and it was almost impossible to get any favourable ruling against a sitting president, as Kibaki had already been hurriedly sworn in, let alone the difficulties one encountered in serving the petition to a sitting president. It was because of those misgivings that the constitution was changed to allow for the swearing in to take place three weeks after the declaration of results to allow for any petitions to take place. That is why, as of now, Uhuru is not yet the president of Kenya.
Raila has resorted to the constitutionally provided mechanism of challenging the election result. That is in the courts as opposed to the streets. Then there are those who have now changed tune and are encouraging Raila to be a ‘statesman’ and abandon that pursuit because in their opinion, the country could as well redirect the six billion shillings that are likely to be spent in the runoff let alone the fact that Raila is unlikely to win in the ensuing run off. What they forget is that if Uhuru had not won by 4100 votes, we could still have gone for a run off as provided for in the constitution with or without Raila conceding or participating.
The Cord team need to convince the court that the irregularities they cite are so material as to cause a difference of 4100 votes, the number with which Uhuru won. But what is likely to come out during the SC hearing is likely to be very very embarrassing.
Among some reports coming out is the use of IDs or passports as the only identification documents required to vote. After the massive failure of identification kits, there are reports that even those who had not registered were allowed to vote while in some areas some people were given more than one ballot papers. Party agents were not scrutinising the identity of voters before they could be allowed to vote as that role was left to polling clerks only and you can imagine what could happen if they were compromised.
The problems of 2007 where figures were allegedly doctored to achieve a certain threshold is what led to change of our election laws to provide for electronic transfer of election results from the polling stations. Those results were to be as much as possible comparable to the final figures in the hard copies as submitted by the returning officers. It is the equivalent of sending a document as an email attachment then sending the hard copy later. The documents are still the same. The electronic tallying system ‘failed’ at the hour of need. Never mind the IEBC had used the same method to transmit results for the last referendum and it had worked quite well.
I also find Hassan’s explanation of a computer bug that was multiplying rejected votes by a factor of eight quite absurd. For starters, when you multiply any number by a factor of 8, you always get an even number. Is that what we were getting?
Raila MUST and should be encouraged to go to court to preserve our democracy and deter those who will otherwise take it for granted that it is okay to tamper with any future election process. In the event that IEBC officials are found culpable, including Isaak Hassan, then they should be personally held criminally responsible for their actions as provided for by our laws. In fact I found it quite ridiculous for Hassan to publicly thank those who had conceded at the same time ‘encouraging’ others who had not already done so to follow suit. In that one, he overstepped his mandate.
KSB: Higgin, this is well written. Let us have a mature debate as the court process rolls. Thanks.
Here we are talking of Uhuru Kenyatta and William Ruto (The theft of election in Kenya)Which helped these notorious( Ngetais)Ka-hee kaka in thieving Votes Bribing voters and manipulating of figures.As we all know thieves lack common-sense and makes silly mistakes then caught -up by Laws
KSB: That was very strong language.
Kenya Decides as West Intel Deploy Red-October to Sabotage
March 7 | Posted by David Goldman | Geopolitik, Intelligence News, Military Intelligence
Events that have followed the successful Monday election signal a trend intended to create a negative public policy on the election and IEBC credibility.
The Safaricom Virtual Private Network that runs on Oracle and a 3-tier Cisco Network was supposed to be tamper proof when supporting IEBC servers.
Safaricom, which is owned by Vodafone, a British giant telecoms company data and VPN servers supporting the IEBC VPN came under Intelligence Service scrutiny.
The IEBC Servers and the IEBC vote tallying computer system disc-space completely malfunctioned and collapsed failing to respond in correct downtime.
In the same week, over 3500 British troops landed in Kenya and headed for the Laikipia training grounds where they undergo final training before deployment.
Laikipia is Kenya Defense Forces most heavily guarded and highly equipped airbase and military facility in Kenya since the Kenya Airforce has its main airpower stationed here.
The British High Commissioner to Kenya, Christian Turner through proxies particularly Maina Kiai began lobbying the inclusion of spoilt votes in final tally besides attempting to delay the presidential total tally announcement.
The National Security Service quickly intervened and stopped the IEBC from making more use of the Electronic vote tallying system.
Kenya’s National Security Service stopped this system for a number of factors including scenarios such as the Safaricom VPN being attacked using a virus to compromise the network capacity.
Strategic Intelligence Service reported that the Red-October virus was used to attack Government of Kenya computer systems by Western spy-agents to mine crucial data.
Was that a test attack in preparation for the main attack on IEBC?
Was the virus deployed through Safaricom VPN for IEBC?
Was the attacker operating from Safaricom Server/Data Center from abroad?
Foreign players particularly the West, to crash the IEBC computer system deployed this same strategy by deploying the virus through the VPN infrastructure by Safaricom from abroad.
The number of rejected votes when the IEBC was using the electronic tallying system was nearly 300,000 at the 5million total votes cast mark, a very significant number that makes a case in the total vote cast.
When IEBC took up the manual tallying system the total number of rejected votes was 39000 at the 4.6million total votes cast mark, this is a disturbing significant decline in the electronic figures compared to the manual figures.
Final tally of rejected votes compared to the electronic reports will quantify if the virus was indeed manipulating the rejected votes tally.
Deployment of viruses from secure computers to network servers was reported by Strategic Intelligence where Western spy agents deployed Red-October to mine vital data from government computer systems and data bases.
Viruses/computer bugs are used to mine and manipulate data from computer networks, servers, and computer memory facilities including data-centers, hence can mine crucial data including emails, conversations, and files.
The virus Red-October may have been deployed alongside another virus to slow down the IEBC servers with the intent of creating scenarios that may create public mistrust.
The objective of such spy involvement is to procure a bias of a public policy of anti-IEBC sentiments wherein, psychologically, the bottled up emotions, erupt after frustrations get to breaking point.
National Security Service moved in to effectively neutralizing this threat by outdoing Western spy agents by directing the immediate use of the manual tallying system, which has demystified the controversial election.
Kenya has also struggled to ensure peace prevails and unity remains at all time high, mocking the West attempts.
Kenya Acquires Deterrent Capability
Kenya is emerging as a secure developed country with effective security institutions particularly the intelligence and military both who have worked tirelessly to preempt neutralize threats on Kenya’s national Security.
Social order/civility has also become a principal in the Kenyan social life whereby, influencing social-discord is impossible hence the relatively calm and peaceful nation.
If this trend goes on, Kenya will eventually reach its bubble and burst to beat countries like South Africa social-economically.
This constant deterrent capability whereby no type of external and internal pressure to divide the multi-ethnic Kenyan society finally secures the Republic of Kenya to one of the most peaceful and rapidly developing economy in Africa, besides becoming a superpower in the region.
By the way osewe can you produce the Video you had put before when Raila was being interviewed n he said he shall go to court if defeated… It’s exactly what he’s done.. I’m looking forward to seeing it again.. He said its only Supreme Court which shall decide if he looses the elections.. Well said n done let the Supreme Court decide..
KSB: At your service: http://kenyastockholm.com/2013/03/09/raila-odinga-press-conference-massive-election-rigging-in-kenya-2/
Kenyans elected a president we felt could bring peace
Uhuru Kenyatta will be more defiant, too. We learned during our crisis the risk of being banana-republicked by the west
Uhuru Kenyatta waves to supporters following his election victory. Photograph: Hoss Njuguna/AFP/Getty Images
Uhuru Kenyatta is the president-elect of Kenya. Together with his deputy, William Ruto, he has persuaded just over 50% of Kenyans that with his Jubilee coalition in power there is a strong chance that there will be lasting peace in the Rift Valley. Voters are fully aware of this, and what this election means. International media have missed the point.
For half the country, especially the Kikuyu and Kalenjin, this election has been all about security. Nobody believes, for example, that the international criminal court is serious enough, strong enough or material enough to the political reality in Kenya to make much of a difference. We are not, and have never been, a CNN African country, held together by western pins and glue, pity, bananas and paternal concern.
Three years ago we were ready to succumb. There were bars in Kenya called Ocampo. I saw one in Kisii town called The Hague. The idea of global justice was heroic. Luis Moreno-Ocampo, the prosecutor of the international criminal court, would swoop down with international investigators in parachutes and uniforms and take away the suspects and try them and we would be fine. How naive.
Today, there is a real possibility that none of the cases will go anywhere. We have come to see the track record of the ICC and doubt it. Bungled Congo. More bungled Sudan. The ICC came swooping when we were deeply vulnerable – at the lowest point in our history. Now, it seems toothless. More than anything, it seems to want to use the Kenya cases to make itself legitimate as a meaningful global institution. We are not keen at all to be playing that sort of experiment.
Of course, we fully intend to co-operate with the ICC: we opted in, and we will see it through. But I and many others no longer have any serious moral investment in its progress as an institution. I propose they go and build their court properly, and then come back and talk to us when it is grown up, when there are a few convictions of people who are not Africans. Kenya is a real place, with real politics.
Over the past five years, we have come to be acutely and painfully aware that our common fall in 2007 and 2008 opened up the possibility that we would be banana-republicked by our compassionate and caring development partners. We know, from our own history, and from recent events around the continent, that the ICC is many things, but it is also the new missionary who comes to save us from ourselves with a compassionate look on his face and a Bible in his hand.
For 45 years, through bad and good, Kenya remained stable, paid its salaries, and sometimes hobbled, sometimes thrived. The humanitarian crisis that followed the 2007 election was uncharted territory, the kind every nation in the world must face – a moment when your very existence is in doubt. We stopped being naive, stopped easily assuming that our existence and vibrancy must always be fought for. We learned, and continue to learn. We are happy, very happy to live in an increasingly multipolar world. As our economy continues to thrive we will choose more partnerships with more countries.
Gone are the days when a bunch of European ambassadors speak in confident voices to the Kenyan public about what we should do, why we should do it. Naughty boys and girls, we are not happy. We look forward to making stronger ties with India, to trading more with China and Brazil. We look forward to being no longer the nice beach-and-safari kind of country we have allowed ourselves to be for too long. The west should expect more defiance from an Uhuru government – and more muscular engagement. That is part of the reason he has won this election. No Côte-d’Ivoireing here thank you. You see what happens to the good-boy countries who do what they are told?
Raila Odinga has challenged the results of the election. His party will go to the supreme court. This is wonderful news. Let our election process be challenged in court. Let our democracy grow and get more muscle. If it should be that his legal claims make him president, I welcome this. He has much to offer Kenya, as president, or in any significant role.
There are many questions to ask of this election, of our new leaders. I want to know what Kenyatta will do about the land issue, in particular, implementing the Ndungu land report. For me, the best thing about this election is none of the major coalitions can ride roughshod over each other, and then over us. Kenyatta will fail if he cannot unite the whole country behind him. He will fail if he is seen to use his position to advance the interests of the Kikuyu at the expense of the rest of the country, especially western Kenya and the Coast province. This election has swept away much of the old deadwood. We have hundreds of bold young leaders from all over the country, and an increasing number of women. Good things are coming, but like any young democracy there will be messiness, and awkward collaborations.
Most of all, I am so relieved that this is ending, I just want peace. My sharp pen wants to be very critical, but today I will say well done, Uhuru Kenyatta, you show real promise. You just may be a leader we will remember. Now, soon I plan to make dirty jokes about Uhuru on Twitter again. I am sick and tired of putting on a happy face for peace. I just want peace.
Why Raila’s case is bound to fail
“Raila’s advisors are ill advised to contest the election results for the following reasons;
Raila is the sole contestant in a case where there were several stakeholders among them hundreds of respected and specialist trained observers from the International and African communities, local media, international media and other political parties in Kenya. No one has expressed an interest to be enjoined.
None of the above have raised any concerns of irregularities, malpractices, rigging, and incidences of fraud or produced any evidence to the effect.
In any case, the Elections Observation Group (Elog) said they carried out a parallel tally of all constituencies and came up with similar figures to those obtained by the IEBC. Elog Chairman Kennedy Masime said that Of the 7, 000 observers deployed in the 290 constituencies, 1,000 were Parallel Vote Tabulation. He further said (PVT) involved deploying highly trained and accredited observers to a representative random sample of polling streams to assess the conduct of the voting and counting process as well as verify the official vote count.
It’s worth noting that nobody has been arrested for any election related offence. CORD must also produce in court any persons who witnessed any acts of wrong doing, which again needs to have been investigated by the Police before coming to court.
All presidential candidates including Iron Lady Martha Karua have conceded and congratulated the President elect without raising or filing a single complaint about IEBC or the process.
Not withstanding, all Parties and presidential candidates had chief Presidential agents who had access to the IEBC Chairman and further signed Form 36 before they were announced publicly to the world. No CORD agent was forced to sign any forms which were signed openly in front of cross-party officials.
The Claim of Cord complaints not being addressed can therefore be termed as null and void and tantamount to interfering with the independence of a legally appointed electoral body, their objective unknown.
It’s on record the IEBC CEO James Oswago acknowledged that where there were mistakes, they sought to correct them immediately before announcing the results publicly in agreements with chief agents.
Cord’s behaviour also broke the code of conduct all parties signed to respect the work of IEBC until the results are announced and thereafter follow the due process of law as agreed.
With the aforementioned, the issue of credibility of IEBC and the elections does not arise.
Raila’s Character as a person will have to be considered and the bench will need to consider whether this is just another fight as he actually termed the election results as “Democracy on Trial”. He will be questioned about whose interest he is acting on and this may open a can of worms especially when the defence demands to know his CORD funders.
CORD legitimate claims now only come down to the tallying. The bench without doubt will acknowledge the complexity of the exercise with more than 12 million people casting a ballot 6 times which means that IEBC handled more than 72million ballot papers for the first time. Anyone will agree that there is bound to be minor mistakes and CORD cannot provide any GUARANTEES that there would not be any mistakes if the process was repeated again. The bench will need to consider the margin between Uhuru and Raila and ascertain whether there is a big margin which warrants a repeat election when the winner achieved half of the votes alb eight with a less % margin.
It’s worth noting that the Supreme Court can also not interfere with the work of an independent body unless there is evidence of criminality. A case in point is the just concluded case where the High Court threw out the earlier case by the civil society demanding the counts to be stopped.
The issue of systems failure can be attributed to of many factors as this is common the world over where servers can reach capacity or fail because of other technical reasons. In case of human error CORD must produce evidence and persons who acted criminally to sabotage the systems.
In conclusion, beyond reasonable doubt, the bench will have to weigh the benefits of a repeat election which does not guarantee 100% accuracy and risk. This will be against several serious issues among them, the billions of shillings to be incurred in another election, billions already lost in the economy as a result of the week long waiting, schools closures and general interruption to the whole country.
The bench will also need to consider the interests of other stakeholders who have not raised complaints including the public; resources deployed by the government e.g 99,000 security agents who managed to maintain peace among other thousands of staff trained by the IEBC to conduct the elections. And mostly importantly, the judges must consider whether in the interest of public good, there is need to risk the patience, anxiety, peace and tolerance maintained throughout the process including the unfortunate several lives lost.
Therefore there are no compelling reasons to uphold the case or to order repeat elections as therein as there are no guarantees that the whole system will be fool proof and no minor mistakes will be repeated. There is also no person convicted of any wrong doing and the tallying is circumstantial.
If asked, Raila should be urged to free the country from anxiety, let the country relax and return to normalcy. He should act like a statesman for all the hard work and contribution which will earn him respect rather than engage in a futile fight as an ordinary citizen with a powerful Deputy President elect Hon William Ruto.”
The Sactions will kill Kenya economy and will be very painful using slow death .
Let us be spectators and enjoy the show btw western huge and tough cow-boys and the short slim-stout chinese folks in the field. Kenya has been taken over by Communist Chinese The GEMA regime and her forced divorce is illegal. Kenya shoulöd not be allowed to prostitute hersef cheap to chinese. Even Lions in Masai-mara has their territory which any other lion trying to enter another territory fights to death. Kenya dos not have 12 million people the country has over 40 million people who are watching Mafia Land grabbers and muderers wanted in Hague for crimes against humanity led by Big tribes taking over their country Un-democratically
IIEC Chair Isaack Does Not Deserve All The Plaudits
Thursday, July 21, 2011 – 00:00
– BY MIGUNA MIGUNA
Although English has always been the de facto principal medium of communication in parliament, over the years, many MPs have managed make do with a fleeting acquaintance with the language. And since the onset of live television coverage of parliamentary proceedings, we have watched with delight the linguistic challenge most MPs face in both English and Swahili.
Yet of all prominent public figures in Kenya today, the most distinguished linguistic offender isn’t Bifwoli Sylvester Wakoli, Kambi Kasungu, Ephraim Maina, Cyprian Omolo, Wilfred Moriasi Ombui or Clement Wabara.
The gold medal for linguistic and logical incoherence goes to the IIEC chairperson Hassan Ahmed Isaack. This isn’t a trophy you win through occasional lapses.
One gets the ‘privilege’ of holding the title through persistent failure.
Many people watching Isaack speak may feel sympathy for him on the mistaken belief that he stammers. I’ve watched this man keenly over the past three years and can confirm that what sounds like natural stutter is actually due to logical incoherence, confusion and uncertainty. Those who can’t think clearly can’t also speak coherently.
The IIEC has been praised for conducting a number of by- elections around the country fairly well. It also received well- deserved kudos for holding a peaceful constitutional referendum last August. Yet credit goes to the entire institution, not just to one man.
Isaac has tended to hog the limelight and claim all the credit.
Conveniently forgotten are the IIEC employees, those faceless and anonymous, hardworking and dedicated patriots. These are the people who prepare the ground and physically conduct elections. Without them, there would be no voting booths, no inks, no ballot papers and nothing to count. It’s the IIEC workers – the clerks and returning officers – who are largely responsible for the integrity of the electoral process.
And of course, these people work as a team with the commissioners, the CEO and the senior executives at the IIEC. People tend to serenade Isaac with all the successes of the interim electoral body without asking whether those praises are well deserved. For starters, is Isaac a good manager? Looking at the ethnic intrigues and rumblings about questionable procurement at the IIEC, one has to wonder about Isaac’s integrity and management skills. But more fundamentally, what is Isaac’s background? Does he have a solid legal background?
As a lawyer, Isaack’s record is patchy. He isn’t a good courtroom lawyer, nor is he a good drafter or negotiator. In fact, Isaack isn’t quick on his feet. He floundered badly when the ‘red brigade’ invaded the Bomas of Kenya where the IIEC was releasing results for the referendum. He couldn’t stand his ground. He couldn’t explain the minor computer glitches. He couldn’t rebut the unfounded rumours that the ‘green campaign’ was doctoring results.
If he couldn’t handle such a simple electoral exercise, he certainly can’t manage presidential, gubernatorial, parliamentary and civic elections with a ten metre-long ballot paper.
His record at the CKRC isn’t endearing either. Reports indicate that he was among the commissioners who tried to scuttle the process on behalf of Moi. When Isaack was appointed to the Kiruki Commission to be part of an ‘investigation’ of the criminal escapades of Artur Brothers, many Kenyans suspected that he was part of a well designed cover-up.
Apart from the millions the Kiruki Commission skimmed off the public till, it didn’t advance any known public interest.
Two weeks ago, Isaac addressed a press conference and announced that he had ‘recalled’ a letter the IIEC had sent to the Minister for Local Government ratifying ODM’s request to de-gazette 34 nominated councillors for non- compliance with the party’s policies. Not only was Isaac’s ‘decision’ unilateral; it wasn’t an IIEC decision. It was also difficult to understand how he could ‘recall’ a letter orally at a press conference.
But the most intriguing part of Isaac’s press conference was the ‘reason’ he gave for the reversal. First, he argued that if ODM wants to de-gazette councilors for disloyalty, it should start with the ‘big fish’ within the party. True to form, he didn’t offer any logical or legal basis for saying so. He stated that unless ODM moved against William Ruto and company first, he will not allow it to de-gazette the councillors. Again, there wasn’t any foundation for that, either.
Isaack is partisan. He has always been. That’s typical of status-quo elements. They rely on patronage to survive. Nearly one year ago, ODM petitioned the Registrar of Political Parties – which is operating under him – to have a number of ODM rebel MPs removed from its register as having resigned from the party.
To date, the registrar hasn’t acted on that petition. The law grants ODM, like any other party, power to take action against disloyal members. The law doesn’t give Isaack power to supervise, vet or grant permission to parties when making that decision. Isaack’s declaration that ODM must go against the ‘big fish’ first exposes his bias and rusty legal reasoning.
Coming soon after Isaack’s childhood friend Aden Duale’s press conference ‘condemning’ ODM for the action, many knew that Isaac had been recruited into the factional war within ODM.
Section 17(4) of the Political Parties Act, 2007 provides that a person who, while a member of a political party
(a) forms another political party;
(b) joins in the formation of another political party;
(c) joins another political party; or
(d) in any way or manner publicly advocates for the formation of another political party, shall be deemed to have resigned from the previous political party.
Article 103(1)(e) of the Constitution provides that the office of a Member of Parliament becomes vacant… “If having been elected to Parliament as a member of a Political Party, the Member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in Clause (2).”
Section 7 of the Sixth Schedule of the Constitution provides that all law in force immediately before the effective date continues to be in force and shall be construed with alterations, adoptions, qualifications and exceptionsnecessary to bring it into conformity with the Constitution.
Doesn’t Isaack understand such basic law? Or is he lobbying for ‘political accommodation’ after realising that he isn’t qualified to be the chairperson of the IEBC?
March 11, 2013, 7:44 am
Indictee for President!
By MICHELA WRONG
NAIROBI — When the International Criminal Court was established in 2002 it had many lofty ambitions. Ending impunity for crimes against humanity, genocide and war crimes. Delivering justice to those abandoned by their national courts.
Boosting indictees’ electoral chances was not on that list. Yet that’s exactly what has happened in Kenya.
Prosecutions are pending at the I.C.C. against the presidential candidate Uhuru Kenyatta and his running mate William Ruto for their alleged roles in a program of ethnic cleansing that traumatized Kenya’s Rift Valley after the 2007 elections. Yet those cases gave the two men’s Jubilee alliance a priceless fillip in last week’s general election.
While voting was marred by technical hitches, mysterious delays and mathematical anomalies, it seems clear that over six million votes endorsed Kenyatta’s bid for the presidency.
“ ‘Thank God for the I.C.C.!’ is what my contacts in Jubilee tell me,” one political analyst said.
Why? Uhuru and Ruto were skillful at mobilizing their communities by capitalizing on Kenya’s painful colonial history and the universal human tendency to dislike being lectured.
The Kenyan Parliament, convinced that domestic courts were too politicized, originally invited the I.C.C. to try those responsible for the 2007-2008 violence. For a time, the former chief prosecutor of the I.C.C., Luis Moreno-Ocampo, enjoyed rock-star status in Kenya. Matatu drivers named their taxi-buses after him.
But misgivings soon developed. The I.C.C.’s initial summonses bypassed those at the top — President Mwai Kibaki and Raila Odinga, the opposition challenger in 2007 and last Monday’s loser — whom many Kenyans thought primarily responsible for bringing Kenya to its knees.
As the campaign for this year’s election got under way, the team behind “Uhuruto” — a popular label for the Uhuru Kenyatta-William Ruto ticket — cleverly tapped into this skepticism and a deep well of anti-British, anti-Western sentiment. It accused “foreign powers” of being behind the I.C.C. prosecutions. “Reclaiming sovereignty” became a much-used phrase, code for throwing off the colonial yoke.
The son of Kenya’s founding president, Uhuru is a member of the Kikuyu ethnic group, core of the Mau Mau movement whose dreadlocked guerrillas fought white rule in the 1950s. For many Kikuyu, Uhuru’s ordeal in The Hague is a spooky echo of Jomo Kenyatta’s trial and detention by the British authorities. Like father, like son, the narrative went.
Supporters see Uhuru as a messiah figure who has sacrificed himself on his community’s behalf. He is deemed to have done what was necessary to protect the Kikuyu in 2007-2008, when they were being hunted out of their farms by Kalenjin militias. And Uhuru’s recent alliance with the man accused of sending those very militias, Ruto, is seen not as an act of cynicism, but one of inspired peace-making.
In the Rift Valley towns of Eldoret and Nakuru, I heard the same refrain from both Kikuyu and Kalenjin: The I.C.C. prosecutions were attacks on entire communities rather than just two individuals.
Although the death toll for the violence in 2007-2008 is usually given as just above 1,000, the reality is almost certainly far grimmer. Several thousand police files dating from that time sit unprocessed in the Director of Public Prosecutions’ office. In each ethnic community, hundreds, perhaps thousands, have blood on their hands. Rallying around the local hero is more than a gesture of loyalty; it’s an act of self-protection.
The Jubilee team’s anticolonial rhetoric acquired new wings when the British High Commissioner, Christian Turner, publicly explained that his government could meet I.C.C. indictees only for “essential business” — meaning its dealings with Kenyatta, should he win the presidency, would be limited. Johnny Carson, the top U.S. official for Africa, chimed in, warning Kenyan voters that “choices have consequences.”
The remarks caused widespread offense. Jubilee accused Turner of attempting to rig the results and painted an alarming picture of British troops landing en masse in Mombasa. The Foreign Office replied that its military regularly trains in Kenya and that the troops’ arrival had been scheduled for months.
But the damage was done. “The foreign embassies in this country should cease being our prefects,” Francis ole Kaparo, a former speaker of Parliament and Jubilee grandee, told me. “Kenya is no longer an infant. It has turned 50 now.”
Maina Kiai, the U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association, argues that Uhuru’s and Ruto’s success in presenting themselves as martyrs in their respective strongholds highlights one of the I.C.C.’s structural weaknesses.
“With any other court, if you’re accused of murdering five people, say, you don’t get bail. You are remanded in custody,” Kiai said. “With the I.C.C. you get to go home and mobilize your community. Powerful people have powerful ways of keeping themselves out of court.”
The I.C.C. indictments for the 2007-2008 violence in Kenya were the most ambitious by the court since its inception. They may well prove to be its high water mark — the point where justice and politics clashed, and justice withdrew.
That’s the end of the story. I’m sure the charges against Uhuru Kenyatta and Rutu will be dropped soon. There’s justice for the rich and powerful but injustice for the poor and the weak. African poor have no hope at all. The case is already dead. Pity my good friend Charles Taylor. He should be released.
The Independent Boundaries and Electoral Commission has agreed to provide the Coalition for Reforms and Democracy (Cord) with documents relevant to strengthening its election petition.
On Wednesday, IEBC through its lawyers said it will give Cord Forms 34 and 36 that contain presidential results and the final voter register.
It also agreed to grant access to other necessary documents demanded by Cord.
Justice Isaac Lenaola directed parties to the case to appear before him on Friday for further directions.
Right now, 200 youngsters are locked in a cramped jail, 40 to a cell, waiting for their government to execute them. Juvenile offenders in Yemen are being illegally executed and their numbers are rising. But we have a rare moment to end this barbaric child killing when Yemeni ministers meet with Western governments for a major London summit to decide how much aid money Yemen will receive.
A massive public outcry could force the British — who are pumping huge amounts of aid money into Yemen and as such have significant sway — to demand juvenile offenders off death row for good.
If we reach 50,000 signatures we will deliver the petition directly to the Yemeni and British foreign ministers in London, plus other donor countries who hold the cards to Yemen’s future. Click here to sign and share widely to end the execution of children:
Yemen is one of only a handful of countries in the world that still executes its young. Without access to a lawyer and denied a fair trial, a wave of protest among juvenile offenders has swept through Sanaa Central Prison as more than 70 young men and women enter their second month of hunger strike.
The hunger strikers are urging the government to allow them to be retried in special juvenile courts and an end to physical abuse and torture. Some have reported electrocution, beating on soles of feet and hanging by wrists — after which they say they would confess to anything.
But there is hope. While juvenile executions are on the rise, the country’s human rights minister told Avaaz’s local partners that with enough international pressure to end these horrific abuses the government will be forced to act. Momentum is building with a damning report just released by Human Rights Watch which reveals how since 2007, Yemen has executed 15 child offenders, and that prosecutors have demanded death sentences for dozens more. Sign now to end juvenile executions:
From Yemen to Syria and Morocco, our community has time and again stood up for victims of human rights abuses and held governments to account across the Arab world. If we reach 50,000 signers, this Thursday we will deliver this petition direct to British foreign secretary William Hague at the Friends of Yemen meeting in London, urging him to call on Yemen to uphold international law and end juvenile executions for good.
With hope and determination,
Sam, Alice, Ricken, Will, Mais, Emily and the whole Avaaz team.
Yemen should stop child executions, says Human Rights Watch (The Guardian):
Yemen unyielding on child executions (Al Jazeera):
Report highlights torture and execution of juvenile offenders in Yemen (Foreign Policy): http://blog.foreignpolicy.com/posts/2013/03/04/report_highlights_torture_and_execution_of_juvenile_offenders_in_yemen
Yemen: Juvenile Offenders Face Execution (Human Rights Watch):
shame on Uhuru kenyatta and kikuyu community as a whole. Wezi wa kura and that is why they are dying like rats and they are killing one another.Kikuyu is a cursed community 4 sure.
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