28 thoughts on “Raila Odinga’s Election Petition Supporting Documents: Volume 1 and 2”
If uhuru thinks that Raila is inciting kenyans by talking about the bogus elections, does he also know that he is also inciting over five million kenyans who voted for Raila who see him behaving like he already the president while we are still challenging his ‘victory’ in court? Kweli nyani haoni kolunde! He forgets how he made ICC issue a subject in his campaigns hence inciting his tribesmen against Raila by claiming he was send to hague by Raila https://www.facebook.com/KenyansUnitedAgainstUhuruto2013
The way to go forward the young men/women (youth) has the Right to fight and defend democracy and freedom brought to Kenya by Raila Oginga and others. RAO Is Kenya People’s President let the whole Country rally behind People’s President. And not to UHURUTO who murdered Kenyan People 2007and now 2013 they have rigged electiopn and masquerading as real president when their rigging case is in the supreme court (lets hope this court is fully reformed and not a Kasuku-kangaroo court filled by Gema moles)
Way to go CORD and we are behind you 100%. Election thugery is barbaric and a national disgrace. The choreographed and pre-planned maneuvers being made by the merchants of impunity is sinister and meant to conceal something to force it look real. There is correlation between the rule of law and democratic culture. The merchants of impunity in Kenya do not believe neither. Kenya is becoming a dysfunctional democracy with most people suffering from what I term hallucinatory optimism. We have been damned to believe what we see and told with no element of doubt. We were duped to believe 2013 elections were free and fair and most of us still believe so. Democratic malpractice happening in Kenya must be stopped now or we wait to face the consequences later. Based on world political history, I bet you it will be costly and not pretty.
The Peoples President Must be protected !Mafia world-wide are evil men/women!
Long live the champion of Democracy and freedom in Kenya!
The days of Mwiving /thieving elections in Kenya are long Gone ><Are Kikuyu Ruling class Thieves listening? They have to (they must ) otherwise there will be no more Kenya!They can go and rule in Central Province Where they belong
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ttp://www.nation.co.ke/News/politics/Release-poll-gadget-data-IEBC-ordered/-/1064/1725106/-/58k9uv/-/index.html!
Uhuru is showing International group to prove that he is not a leader and ICC can prove that he was the one who killed people in 2007/08 violence which left more than 1,133 people dead and 650,000 people displaced from their homes and Lands. If he is normal then why did not those displace people come back in their homes? Their share of corruption in Land has made people to know whom they are in leadership. Oraro should be educated how to keep the records of the Courts not in his office because they will come and steal them.Please send that message to him in Nairobi. God gave me eyes to see invisible things to see before they happen..
UHURU KENYATTA: EXECUTIVE SUMMARY OF AFFIDAVIT IN REPLY
1. I have actively participated in all aspects of the electoral process either directly or through agents of the Jubilee Coalition and TNA. I can unequivocally state that in my view the 1st Respondent and its staff, including the 2nd Respondent, have conducted the entire process with remarkable diligence, efficiency and in full fidelity to the standards established in the Constitution and all the electoral laws notwithstanding logistical and technological problems encountered on 4th March 2013.
2. The difference between the votes cast in my favour and those cast in favour of the Petitioner is 832,887. In all humility, the said difference is very significant and emphatically demonstrates the resolve of the people of Kenya to exercise their free and sovereign will.
3. At a press conference held subsequent to the election the Petitioner disclosed that he would contest the results of the election in court because he believed that he won the election by 52% – 53% having been so advised by foreign journalists who had seen “exit polls” results prepared by an unknown entity.
4. During the 21 months or so that the 1st Respondent has been in existence, it has outdone itself in establishing and overseeing the creation of a very solid statutory and legal framework for the conduct of free, fair and credible elections. In my very respectful assessment, which I humbly invite this Honourable Court to share, the 1st Respondent has also scrupulously complied with such statutory requirements within the limits of human capacity.
5. I am a firm and passionate believer in Kenyan institutions, some imperfections notwithstanding, and in the sovereign right of the Kenyan people to reform and improve such institutions without disparaging them in the manner the Petitioner has done. The 1st Respondent has, in my view, acquitted itself very well under very difficult circumstances and is to be commended and not vilified.
6. I am aware that soon after the BVR tender process commenced by the 1st Respondent was terminated in June 2012, the Petitioner and other senior members of ODM held a press conference at which they demanded that the 1st Respondent reverts to the manual registration of voters. I now produce a recording of the said press conference which is available at http://www.youtube.com/watch?v=ijnglywxdmQ and is produced to this court in electronic form contained in an envelope marked “UK9”.
7. I am also aware that in the United States of America, some states have taken the step of abandoning electronic systems in favour of ballot papers. I now produce an article published in Time Magazine on 3rd November 2007 titled “Voting out e-voting machines”. The article is marked “UK10”.
8. There is no legal requirement for the transmission of final election results electronically. Indeed, the 2nd Respondent is obliged by law to announce the results on the basis of manual Form 34’s.
9. In response to the allegation that Kencall co-hosted servers for TNA and the 1st Respondent, I now produce an affidavit sworn by Nicholas Alexander Nesbitt on behalf of Kencall setting the record straight. The affidavit is marked “UK14”. Also annexed hereto and marked “UK14A” is an affidavit sworn by an ICT expert Stephen Kanyatte Mwangi, which provides further clarification on pertinent issues.
10. I nevertheless wish to state very firmly that the allegation that the voter register was unlawfully tampered with after the registration period had ended so as to confer a benefit to me is deceitful, irresponsible and a false allegation peddled by the Petitioner so as to attract unjustified sympathy and inflame public passions.
11. Nearly all local and international observers and monitors who were accredited by the 1st Respondent have issued preliminary reports stating that the election was substantially free, fair and credible notwithstanding the minor irregularities and other logistical problems experienced during the election process.
12. The Petitioner has, subsequent to the announcement of the results, repeatedly stated that the election was “stolen” from him and that the 3rd and 4th Respondents are “criminals who should be in jail”. I now produce a video clip depicting the said speech by the Petitioner, which is in electronic form contained in an envelope marked ”UK 19”.
13. The Petitioner and his agents, particularly one Johnstone Muthama, have repeatedly engaged in hate speech and incitement in violation of the provisions of Article 33(2), the Electoral Code of Conduct and the National Cohesion and Integration Act so as to:
a. Undermine the electoral process
b. Compromise the fair adjudication of this petition; and
c. Subvert the free and sovereign will of the people of Kenya expressed on 4th March 2013.
I now produce a summary of news reports marked “UK 20” which identify instances of show the Petitioner inflaming and inciting public passions before and after the elections.
14. The public utterances by the Petitioner since the election when seen against the orders sought in the Petition are so broad and ungovernable that it appears to me that the Petitioner seems intent on provoking a constitutional leadership crisis that would enable him to negotiate his way to government. The utterances by the petitioner demonstrate beyond peradventure that he would only consider an election free, fair and democratic if he were declared the winner. I urge this Honourable Court to protect this nation by rejecting this irresponsible and unlawful attempt to secure power notwithstanding the resounding loss suffered at the General Elections.
Kenya’s election flaws demand answers
Peter Greste, AlJazeera
March 15, 2013
Last week’s elections in Kenya were supposed to be the make-or-break polls. It was the election that could go one of two ways – either plunging the country back into the dark days of early 2008 when, in the wake of the 2007 election, Kenyans began killing one another over the disputed results; or they would defy the critics, vote peacefully, and set the country firmly on a path towards economic progress and development.
In the end, it seems the nation went for the second option. In the days following the election, Kenyans rightly patted themselves on the back for defying their critics (and foreign journalists), by turning out in huge numbers (86 percent) and voting almost without throwing so much as an irritated slap.
In fact, the mood became so obsessed with “peace”, that anyone who questioned the process, or even vaguely implied that the country retains a capacity for fighting, got slapped down with howls of derision or accusations of “racism” and worse – “tribalism”.
All that seemed to confirm the “edge of the abyss” theory of the 2007/08 crisis; that Kenyans pushed themselves to the crumbling brink, stared into the yawning void, and realised that it wasn’t a place anyone wanted to return to.
Kenyan blogger and cartoonist Patrick Gathara brilliantly described the problem in this post in which he spoke of a collective fear of confronting the monsters that lurk beneath the national house.
What was true during polling day and the weeklong count that followed, now appears true in its aftermath. The problem lies in some disturbing inconsistencies that have emerged from the numbers produced by the Independent Elections and Boundaries Commission that ran the vote.
The CORD coalition whose candidate Raila Odinga came a clear second in the elections, first raised concerns in the days immediately following the poll. At first, most journalists – the local media in particular – seemed to dismiss the allegations as cheap politics; as an attempt to claw back victory from defeat, or at the very least deprive Odinga’s rival Uhuru Kenyatta of a first-round victory and force an expensive runoff that nobody but he wanted.
But then a group of civil society activists raised similar concerns, and a handful of people have started looking more closely at the data.
Human error and system failure?
CORD’s basic complaint is that the numbers simply don’t add up. Several constituencies recorded turnouts of greater than 100 percent (you need to do the sums yourself – some of the IEBC’s own calculations for turnout seem wrong); there are different figures for the numbers of registered voters in key constituencies across different documents, and so on. And, the coalition points to a catastrophic failure of several supposedly high-tech systems that were intended to guarantee a credible and transparent process, as evidence of serious problems. The coalition says those problems make it impossible to know whether the declared outcome really is the collective will of Kenyan voters.
CORD has gone a step further and alleged fraud, which on the evidence they’ve presented, looks to be a step too far. On the numbers alone, it’s impossible to know whether it was a deliberate attempt to fiddle the outcome, or simply a combination of human error and system failure.
But the discrepancies are disturbing enough to suggest that something has gone wrong with the process. And at the very least, they raise difficult questions that demand some answers. Inevitably, in such a massively complex process that requires exhausted humans to deal with long numbers, mistakes will creep into the system. Some errors are hardly surprising then, and in an election with a clear winner, those errors might not make any real difference to the outcome.
But although this election seemed to deliver a decisive victory to Uhuru Kenyatta, he still only managed to avoid a runoff by 0.07 percent of the vote. And with that crucial margin so paper-thin, all of a sudden the discrepancies that CORD is pointing to become hugely important.
Both CORD and the civil society coalition plan legal actions to challenge the integrity of the system, as is their right under the law. Both have been criticised for questioning an election that on the face of it seemed to go well. Yet both are also right in saying that for the sake of long-term stability, those issues need to be resolved, even if it means short-term disruptions.
Kenya might need to confront its demons once more.
My friend, whoever u r. it is called kundule ama mkundu wake not kolunde. in the same way, Uhuru remains a president-elect as validly declared by IEBC which has the authority to do so. until this is overturned by the supreme court, he remains the president to be and raila the presidential loser.
covering letter can never be called supporting documents. they could be blank papers or pieces of trash or falsehoods. and have u seen the rebuttal? why do u be patient for the court to decide!
mwaki acha mwaki mingi: kolunde is Dholuo for Swahili kundule. Also, that is not a covering letter but two full volumes of Raila’s affidavit. Go digital as your people claim and click on the claimed letter to read further.
The rebuttal and the rest are for the Supreme Court to deal with so acha mioto.
Raila: March of democracy can no longer be stopped in Kenya
Posted by Opinion Leaders on March 16, 2013
BY RAILA 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 the tensions generated by the stunning IEBC failures in the management of this most important election since independence, you have taken no actions which would imperil our peace.
These failures dwarf anything Kenyans have ever witnessed in any previous election.
But whether you were aggrieved or joyous, you have waited patiently to see the process to resolve this dispute played out as defined by our liberating new Constitution.
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 4th March 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 underway for the Supreme Court to legitimize 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 whom they want to lead the nation. And barring mass violence, there is no crime higher than subverting the outcome of a Presidential election.
What we are seeing in this electoral battle is the hidden struggle between the forces of change and of the status quo.
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.
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 who the perpetrators of that election crime were.
Had we done so, the IEBC would not have dared to conduct this election in the criminally negligent manner that it did.
Recognizing 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 tens of 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.
They failed to ensure or secure a free or fair election and no Government could lawfully be formed by or from the purported declaration of winner on 9th March, 2013, to the dishonor of the Kenyan people.
Between February and March, the IEBC tinkered with the final register severally, 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 elections 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 IEBC alone.
This clandestine arrangement of co-hosting databases is not permissible by law and indeed was not disclosed to the public or to us in the CORD Coalition.
Despite my agents regularly updating and complaining to the IEBC about the incidences of electoral frauds, malpractices and irregularities they discovered during the elections, the IEBC neglected, refused or failed to act.
Electronic voter identification kits were not functioning, officials and clerks had forgotten passwords, batteries were flat and kits were unable to charge among other impermissible reasons all of which could have been prevented by the IEBC.
This fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations affected, thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place.
Among the glaring anomalies which were observed in the process of manual tallying were:
(a) The result 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.
In specific instances, the results in Form 36 disclosed by IEBC were materially different from the results that were posted in the final tally of the presidential results.
There were several instances where registered voter numbers in polling stations were inflated in Form 34 contrary to what was contained in Form 36.
In most of those circumstances, more votes were cast than the total number of registered voters.
In other cases, there were more than two Form 36 reflecting different returns. In yet others, there were alterations in Form 36 without acknowledgment.
In yet other stations, there were different entries in two Forms 36 submitted in respect of the same constituency.
I have no hesitation whatsoever in lawfully challenging the election outcome. To do otherwise would be a betrayal of the new Constitution and therefore of everything that Kenyans hold dear.
They would forever lose their faith in elections and in democracy. That would mean they would be condemned to the rule of the few.
The multiple failures of the IEBC in fact reflect failures of so many of our new institutions. But the one institution in which all Kenyans still have faith is our new Judiciary.
It’s a faith based on their achievements in the last two years. In the new Kenya, the Courts have been vested with enormous powers, including the power to curb the unlawful use of authority by the Executive and of course the IEBC.
Let me conclude by saying that the March of Democracy can no longer be stopped in Kenya.
Our people have struggled too long and made too many gains in the last 20 years to be cowed into submission again.
We cannot begin what was supposed to be a new era, under a new constitution, in the same old ways.
Kenyans’ determination to uphold democracy is renowned around the world, and our African and international partners knew in 2007 that there would be prolonged instability if the last election outcome was let to stand.
But this time around, we have our own Supreme Court to resolve our election crisis. This is a historic case which is being watched all over Africa and the international community. Nothing like this has happened on our continent.
The new Constitution was not the beginning but the culmination of one great phase of the democratic struggle in Kenya. I am absolutely confident that the promise of that Constitution will be reinforced in the days to come by the Judges of the Supreme Court.
I have repeatedly indicated my commitment to respect and abide by the Supreme Court ruling. I invite my brother Uhuru to publicly do the same.
His joining me would strike a huge blow for the rule of law in Kenya and would also immediately reduce the tensions generated by this election outcome.
Mutahi Ngunyi: Why the House of Mumbi Should Climb Down
Sunday, October 18, 2009
This is a letter to the ‘‘House of Mumbi’’, those of the GEMA community. I address you as the son of a ‘‘Mau Mau hustler’’.
I have three thoughts from my late father. When I was a boy, he gave me stories about a guy called Gikuyu and his girl, Mumbi. The two founded the tribe. They had nine girls or something like that. No son. And they lived happily there after. But I had questions about this romantic relationship. As a boy, I asked my father, who married the nine girls?
He kept quiet. Then I asked him; if they got children, who was their father? How was the tribe created? He got violent. In fact, he gave me a beating for asking questions ‘‘… without legs’’. But then later, I figured that may be he had no answer. Or may be there was a hidden secret in the tribe. I became curious. And so I began my boyish inquiry. If the only man in the tribe was Gikuyu, did he have children with his daughters?
This thought was appalling beyond. My father would have killed me for thinking so. I had to settle on a more acceptable deduction. That is: If Gikuyu had nine daughters, their children must have been fathered by other tribes. That is the Maasai, Ndorobo, Luo, Luhya, and all. But even this, my father would not accept. I had to rest my case.
Allow me now to interpret my boyish deductions. To reproduce your GEMA tribe, you have only two choices. One, you can choose the path of incest. This is the path of in-breeding and sin. Although shameful, it is the path you chose in 2007. And the results are obvious: Political incest can only produce mongoloids.
This is what you have in the coalition government. The second choice is the one taken by Gikuyu and Mumbi. They sent their daughters to breed with others. This is how the tribe survived. Your survival, therefore, depends on others; the Maasai, Ndorobo, Luo, Luhya and all. And, on this, the alternatives are zero.
My father’s second thought was given when I got circumcised. But not explicitly. He had a telephone at home; what you would call an antique today. As a way of controlling it, he locked it using a padlock from the government. He always carried the key. One day, he came home for lunch. He needed to call his boss badly.
Unfortunately, he had forgotten the key at the office. The man was disparate. And from the ‘‘kindness’’ of our hearts, my brother Peter and I decided to help. We tapped the phone for him. He watched in amazement as we handed the receiver for him to talk to the boss. When he finished his call, he stared at us with a ‘‘kali sana’’ face.
But instead of punishing us, he decided to remove the padlock for good. He knew we were smarter now. After all, we had just gotten circumcised. And this is how he gave us the second thought about the tribe. Explaining his frustration with the phone call, he told us that the Gikuyu had two categories of people; the ‘‘ahoi’’ and the ‘‘athomi’’. The ‘‘ahoi’’ were the poor.
In rural areas they walk around without shoes, their feet all cracked up. And in urban areas, they are the ‘‘shamba boys’’, the drivers and the cooks. As a driver, he told us he was in the urban group of ‘‘ahoi’’. The ‘‘athomi’’ were the educated and propertied. They were also arrogant, insensitive and ruthless.
This is why he needed to make the phone call; he had to drop their children somewhere. His point? The ‘‘athomi’’ did not think much of the ‘‘ahoi’’. They saw them as slaves of sorts. And this is how you must understand President Kibaki. Most of you follow him blindly. In fact, because you are in the ‘‘ahoi’’ group, he expects you to.
Unfortunately, and together with the ‘‘athomi’’, he dragged you into a state of civil war. They used you. And since the ‘‘athomi’’ are untouchable, you bore the brunt of the violence. Where are your IDPs today? In the meantime, you think the presidency is yours. Zero. It belongs to the ‘‘athomi’’.
Allow me to describe your position as ‘‘ahoi’’ using a story. A man set out on a journey through a thick forest full of thorns and rocks. Suddenly, an elephant appeared and gave him chase. He took off and went to hide in a well. To his horror, he saw a huge snake at the bottom of the well.
He had to cling to a thorny creeper that was growing around it. Looking up, he saw two mice chewing the creeper he was hanging on. But just as he was contemplating his next move, he saw a bee hive next to his mouth. Occasional drops of honey were trickling from the hive. And this man tested the honey. He got confused.
Although a kind man offered to help him out of his trouble, he refused. He wanted to be excused until he had enjoyed himself to the full. Not clever. Good people, you are behaving like this man. You have seen a bee hive dripping with honey.
And although you are hanging on a thin creeper between an angry elephant and a snake, you don’t care. You want to enjoy the honey, the presidency. Unfortunately, the creeper will snap and you will have to deal with the snake at the bottom of the well. On this, the choice is yours.
The third thought regards Mungiki. When my father joined Mau Mau, they called it a Mungiki-type movement. Yet it was a group of restless young people whose ‘‘wazees’’ had lost direction. I want to put it to you that you have no leadership. The ‘‘wazees’’ in your ranks have reached intellectual menopause. And in this state, they have exhibited unnecessary arrogance towards others.
As a shareholder in your tribe, I submit that you need new leadership. A leadership that will cause you to climb down in the interest of the country. One that is not beholden to the ‘‘athomi’’ and one that will respect the other communities.
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Edited by Steven Bluen, Tipper, Eric, Jonathan E. and 46 others
There are times when it’s necessary to fight against things that have become so wrong that they should no longer be. Things that were once small that have become big, but are no less wrong, must be made small again; a revolution, or a complete circle, is needed. Whether you want freedom from another country , or you want to overthrow an oppressive government, every fight is the same. A revolution (from the Latin revolutio, “a turnaround”) is a significant change that usually occurs in a short period of time. Revolutions have happened throughout human history and vary widely in terms of methods, duration, motivating ideology, and the number of participating revolutionaries. Their results include major changes in culture, economy, and socio-political institutions.
Know your Goal. You are about to dedicate your life to this goal. Decide well and make your decision from the heart. A good question to ask yourself is, “What about the political system in which I live do I think is wrong? And what kind of system do I want to create for the people of my country?” Remember, the goal you chose is the Heart of your revolution.
Build Support and Consensus: Nothing is going to happen if the only rebels are you and your buddies. This is an important step and the setup for either a successful revolution or a small civilian rebellion flop. For the first part of this step you must build support by handing out flyers and pamphlets, by word of mouth and advertisements and through today’s technology. Do whatever it takes to get the word out of your revolution and build support. Once cultivated, your support doesn’t have to meet together or agree on actions or even know each other, but they must be united under a common goal and shared fundamental principles.
Educate yourself and others about every aspect of the idea of the revolution. Know what and why this fight must happen and how it can be won. Identify the goals and the most efficient means of achieving them without compromise. Appreciate and respect a diversity of tactics. The revolution must be directed towards making things better. This is what is called a “positive vector”.
Understand that one of the most important aspects of a revolution is that the people are angry. However, the cause for anger ought to be of true convictions, and in their anger there must also be discipline to their cause.
Put together intentions which must be very popular among the population. It must aim towards the improvement of certain aspects of society, economics, culture, or any other aspects of a social group. Appreciate and respect a diversity of tactics. As Egypt has shown us, the devil can be in the details, here — and your revolution can easily be co-opted. Recognize this as a sign that your idea was popular enough to attract attention, and be prepared to overcome attempted splintering.
Find like-minded people who are ready for action. Set up a field of communication. You must work in a non-hierarchical group in which all voices are equally heard. If you have even a small group dedicated to the same cause, it may be useful for someone to serve as a front woman/man; these should be humble people and they must not be identified as “the leader” or “the leaders,” but as individuals chosen because they reflect consensus.
Take Action. This is the most important step because the revolution dies without it. You must take action whether it is a nonviolent protest or a sit-in or a boycott. Your leader must motivate the support and dutifully work day and night to improve your Revolution. The power in place will defend itself, for that is the nature of power. Illegitimate “governments” are not happy about a rebellion from their people and will do anything to crush resistance. Remember that armed struggle is not an option. No matter how well armed or trained you are, you cannot withstand an organized country’s military – especially if a superpower and its allies are backing the regime in place. Last of all, do not let up. Often you may be discouraged by loss or lack of morale but remember, many other countries have revolted and after several losses still have still overcome overwhelming adversity. Remember, your goal is the heart of your operation, your consensus is the mind of the revolution, and the actions you and your support take are the hands of your revolution.
Work for collective liberation, because everyone’s liberation is tied to each other’s. If we are going to be free, we all need to be free. If we are to have a voice, all must have a voice.
Demonstrate the popularity of the movement to the people of power, legislature, and military. The greater the popularity among the society, the more the likelihood of violent repression is reduced.
Realize that a drastic political or social revolution is almost always about freedom. In general, revolutions are about major changes in some aspect of society. A peaceful revolution requires solidarity and agreement.
There is strength in numbers. The greater the mass and unity of the movement, the better chance of getting demands met.
Always use the truth, and never succumb to the temptations of power or money. Believe in your cause and in your power base. Revolution is belief.
You will benefit no one if you are just attempting to consolidate power or gain recognition only for yourself.
Keep your eye on the ‘big picture.’ Don’t drown yourself in the details.
To be successful, you need to be totally committed; compromise is failure.
Take input from others. Revolution can’t happen because of just one person; don’t be a vigilante.
A revolution is not about you, it’s about everyone collectively. Do not try to take fame.
Never let the purpose of the revolution be led by the will of a single person or group; adherents must be ruled only by their legitimate cause.
Have some idea about how you want society to look like after the revolution. If structures to take over are not in place innocent people might suffer.
As in many revolutions in the past, you could be killed in war, attacked, tortured, become a prisoner, etc. by people in power who are protecting their interests. But that does not mean the movement and cause cannot overcome if enough resolve is there. They are only methods those in power partake in to intimidate and try to put the fire of revolution out before it consumes them.
I almost conceded defeat, Raila says
Wednesday, March 20, 2013 – 00:00 — BY DAVID MWERE
Prime minister Raila Odinga has said that he almost conceded defeat in the recent presidential election but realized that it was wrong to do so.
“I was just about to do it but my sixth sense told me that it would be a very bad decision,” said Raila in reference to the disputed presidential results.
Raila, the Coalition for Reforms and Democracy (CORD) presidential candidate in the just concluded election said that it would have been a bad precedent for him to take such an idea.
Raila said that many Kenyans had sacrificed their lives for better leadership and democracy in the country that should not be flouted. He said that Cord will respect the ruling of the Supreme court that is set to hear the controversy surrounding the election of Uhuru Kenyatta.
“It dawned on me that democracy was on trial after the will of Kenyans was misappropriated by the body that is mandated to safeguard the interests of Kenyans,” said the PM when he addressed Nairobi Cord leaders yesterday.
Cord principals Vice president Kalonzo Musyoka and Trade Minister Moses Wetangula attended the meeting. Kalonzo said he was firmly in Cord and proposed that all parties affiliated to the coalition dissolve and form a formidable force that would rally behind the PM. “I would really love to see all Cord affiliates merge to form an outfit that would help Raila lead this country,” said Kalonzo.
He also called on Uhuru to own up and apologize to Kenyans for accepting results that had wrongly portrayed him the winner of the presidential elections. Wetangula said Cord will continue with its series of caucuses across the country.
Can one blame the Kikuyu for being a little cocky in 2013? I cannot and you should not
Here is why:
-They have pulled two electoral cons in the last 10 years
-They have ruled Kenya for the last 25 of 50 years of “Independence”
-They are set to rule Kenya for another 10 years
-After Uhuru, they can still hand over to Mungai
-They have made peace with their Kalenjin arch-rivals
-They control 70% of Kenya’s wealth
-They are in charge of ministries that determine Kenya’s pulse
-They lead, others follow
– Kalenjin’s wont know they are watching in from the outside until the shutters are closed.
Supreme Court of Kenya
The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the Kenyan Constitution. As the highest court in the nation, its decision’s are binding and set precedent on all other courts in the country.
The court comprises the Chief Justice of Kenya, who is the president of the Court, the Deputy Chief Justice of Kenya, who is the deputy to the Chief Justice and the vice-president of the court and five other judges. The Supreme Court is properly constituted for purposes of its proceedings when it has a composition of five judges.
Jurisdiction
It has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 and subject to clause (4) and (5) of Article 163 of the Constitution, appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.
Current Justices
The following are the current members of the Supreme Court[1]
• Chief Justice & President Of The Supreme Court Of Kenya: The Hon. Justice (Dr.) Willy Munyoki Mutunga, D. Jur., Sc, EGH
• Deputy Chief Justice & Deputy President Of The Supreme Court Of Kenya: Vacant
• Hon. Mr. Justice Philip Kiptoo Tunoi
• Hon. Justice (Prof.) Jackton Boma Ojwang
• Hon. Mr. Justice Mohamed Khadhar Ibrahim
• Hon. Justice (Dr.) Smokin Wanjala
• Hon. Lady Justice Njoki Susanna Ndung’u
From Wikipedia, the free encyclopedia
“Kenya needs action which will consolidate and expand reforms which are embodied in our 2010 constitution. This constitution is the product of decades of intense struggle and sacrifice. Our action must be well thought out. This can only be possible through the organisation of a popular movement, the organisation of a disciplined political party around a political programme able to unite and coordinate various forms of struggle and direct them towards a common goal.
The only way in which anyone can plan activity and produce a programme is through focused thinking — the development of change theory which, if it is properly worked out, does not hold back our practical activity but rather serves as a compass which enables us to move in the direction we want to go.”
Nigerian author recognised for key role in developing African literature has died in Boston, where he was working as a professor
guardian.co.uk, Friday 22 March 2013 11.55 GMT
Chinua Achebe, the Nigerian novelist seen by millions as the father of African literature, has died at the age of 82.
African papers were reporting his death following an illness and hospital stay in Boston this morning, and both his agent and his publisher later confirmed the news to the Guardian.Simon Winder, publishing director at Penguin, called him an “utterly remarkable man”.
“Chinua Achebe is the greatest of African writers and we are all desolate to hear of his death,” he said.
A novelist, poet and essayist, Achebe was perhaps best known for his 1958 novel Things Fall Apart, the story of the Igbo warrior Okonkwo and the colonial era, which has sold more than 10m copies around the world and has been published in 50 languages. Achebe depicts an Igbo village as the white men arrive at the end of the 19th century, taking its title from the WB Yeats poem, which continues: “Things fall apart; the centre cannot hold.”
“The white man is very clever. He came quietly and peaceably with his religion. We were amused at his foolishness and allowed him to stay. Now he has won our brothers and our clan can no longer act like one,” says Okonkwo’s friend, Obierika, in the novel.
Achebe won the Commonwealth poetry prize for his collection Christmas in Biafra, was a finalist for the 1987 Booker prize for his novel Anthills of the Savannah, and in 2007 won the Man Booker international prize. Chair of the judges on that occasion, Elaine Showalter, said he had “inaugurated the modern African novel”, while her fellow judge, the South African Nobel laureate Nadine Gordimer, said his fiction was “an original synthesis of the psychological novel, the Joycean stream of consciousness, the postmodern breaking of sequence”, and that Achebe was “a joy and an illumination to read”.
Nelson Mandela, meanwhile, has said that Achebe “brought Africa to the rest of the world” and called him “the writer in whose company the prison walls came down”.
The author is also known for the influential essay An Image of Africa: Racism in Conrad’s Heart of Darkness (1975), a hard-hitting critique of Conrad in which he says the author turned the African continent into “a metaphysical battlefield devoid of all recognisable humanity, into which the wandering European enters at his peril”, asking: “Can nobody see the preposterous and perverse arrogance in thus reducing Africa to the role of props for the break-up of one petty European mind?”
According to Brown University, where Achebe held the position of David and Marianna Fisher university professor and professor of Africana studies until his death, this essay “is recognised as one of the most generative interventions on Conrad; and one that opened the social study of literary texts, particularly the impact of power relations on 20th-century literary imagination”. http://www.guardian.co.uk/books/2013/mar/22/novelist-chinua-achebe-dies
If uhuru thinks that Raila is inciting kenyans by talking about the bogus elections, does he also know that he is also inciting over five million kenyans who voted for Raila who see him behaving like he already the president while we are still challenging his ‘victory’ in court? Kweli nyani haoni kolunde! He forgets how he made ICC issue a subject in his campaigns hence inciting his tribesmen against Raila by claiming he was send to hague by Raila
https://www.facebook.com/KenyansUnitedAgainstUhuruto2013
The way to go forward the young men/women (youth) has the Right to fight and defend democracy and freedom brought to Kenya by Raila Oginga and others. RAO Is Kenya People’s President let the whole Country rally behind People’s President. And not to UHURUTO who murdered Kenyan People 2007and now 2013 they have rigged electiopn and masquerading as real president when their rigging case is in the supreme court (lets hope this court is fully reformed and not a Kasuku-kangaroo court filled by Gema moles)
Way to go CORD and we are behind you 100%. Election thugery is barbaric and a national disgrace. The choreographed and pre-planned maneuvers being made by the merchants of impunity is sinister and meant to conceal something to force it look real. There is correlation between the rule of law and democratic culture. The merchants of impunity in Kenya do not believe neither. Kenya is becoming a dysfunctional democracy with most people suffering from what I term hallucinatory optimism. We have been damned to believe what we see and told with no element of doubt. We were duped to believe 2013 elections were free and fair and most of us still believe so. Democratic malpractice happening in Kenya must be stopped now or we wait to face the consequences later. Based on world political history, I bet you it will be costly and not pretty.
The Peoples President Must be protected !Mafia world-wide are evil men/women!
Long live the champion of Democracy and freedom in Kenya!
The days of Mwiving /thieving elections in Kenya are long Gone ><Are Kikuyu Ruling class Thieves listening? They have to (they must ) otherwise there will be no more Kenya!They can go and rule in Central Province Where they belong
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ttp://www.nation.co.ke/News/politics/Release-poll-gadget-data-IEBC-ordered/-/1064/1725106/-/58k9uv/-/index.html!
http://www.nation.co.ke/News/politics/Release-poll-gadget-data-IEBC-ordered/-/1064/1725106/-/58k9uv/-/index.htmlhttp:
//www.nation.co.ke/News/politics/Release-poll-gadget-data-IEBC-ordered/-/1064/1725106/-/58k9uv/-/index.htmlThe days of Mwiving /thieving elections in Kenya are long Gone ><Are Kikuyu Ruling class Thieves listening? They have to (they must ) otherwise there will be no more Kenya!They can go and rule in Central Province Where they belong
Uhuru is showing International group to prove that he is not a leader and ICC can prove that he was the one who killed people in 2007/08 violence which left more than 1,133 people dead and 650,000 people displaced from their homes and Lands. If he is normal then why did not those displace people come back in their homes? Their share of corruption in Land has made people to know whom they are in leadership. Oraro should be educated how to keep the records of the Courts not in his office because they will come and steal them.Please send that message to him in Nairobi. God gave me eyes to see invisible things to see before they happen..
UHURU KENYATTA: EXECUTIVE SUMMARY OF AFFIDAVIT IN REPLY
1. I have actively participated in all aspects of the electoral process either directly or through agents of the Jubilee Coalition and TNA. I can unequivocally state that in my view the 1st Respondent and its staff, including the 2nd Respondent, have conducted the entire process with remarkable diligence, efficiency and in full fidelity to the standards established in the Constitution and all the electoral laws notwithstanding logistical and technological problems encountered on 4th March 2013.
2. The difference between the votes cast in my favour and those cast in favour of the Petitioner is 832,887. In all humility, the said difference is very significant and emphatically demonstrates the resolve of the people of Kenya to exercise their free and sovereign will.
3. At a press conference held subsequent to the election the Petitioner disclosed that he would contest the results of the election in court because he believed that he won the election by 52% – 53% having been so advised by foreign journalists who had seen “exit polls” results prepared by an unknown entity.
4. During the 21 months or so that the 1st Respondent has been in existence, it has outdone itself in establishing and overseeing the creation of a very solid statutory and legal framework for the conduct of free, fair and credible elections. In my very respectful assessment, which I humbly invite this Honourable Court to share, the 1st Respondent has also scrupulously complied with such statutory requirements within the limits of human capacity.
5. I am a firm and passionate believer in Kenyan institutions, some imperfections notwithstanding, and in the sovereign right of the Kenyan people to reform and improve such institutions without disparaging them in the manner the Petitioner has done. The 1st Respondent has, in my view, acquitted itself very well under very difficult circumstances and is to be commended and not vilified.
6. I am aware that soon after the BVR tender process commenced by the 1st Respondent was terminated in June 2012, the Petitioner and other senior members of ODM held a press conference at which they demanded that the 1st Respondent reverts to the manual registration of voters. I now produce a recording of the said press conference which is available at http://www.youtube.com/watch?v=ijnglywxdmQ and is produced to this court in electronic form contained in an envelope marked “UK9”.
7. I am also aware that in the United States of America, some states have taken the step of abandoning electronic systems in favour of ballot papers. I now produce an article published in Time Magazine on 3rd November 2007 titled “Voting out e-voting machines”. The article is marked “UK10”.
8. There is no legal requirement for the transmission of final election results electronically. Indeed, the 2nd Respondent is obliged by law to announce the results on the basis of manual Form 34’s.
9. In response to the allegation that Kencall co-hosted servers for TNA and the 1st Respondent, I now produce an affidavit sworn by Nicholas Alexander Nesbitt on behalf of Kencall setting the record straight. The affidavit is marked “UK14”. Also annexed hereto and marked “UK14A” is an affidavit sworn by an ICT expert Stephen Kanyatte Mwangi, which provides further clarification on pertinent issues.
10. I nevertheless wish to state very firmly that the allegation that the voter register was unlawfully tampered with after the registration period had ended so as to confer a benefit to me is deceitful, irresponsible and a false allegation peddled by the Petitioner so as to attract unjustified sympathy and inflame public passions.
11. Nearly all local and international observers and monitors who were accredited by the 1st Respondent have issued preliminary reports stating that the election was substantially free, fair and credible notwithstanding the minor irregularities and other logistical problems experienced during the election process.
12. The Petitioner has, subsequent to the announcement of the results, repeatedly stated that the election was “stolen” from him and that the 3rd and 4th Respondents are “criminals who should be in jail”. I now produce a video clip depicting the said speech by the Petitioner, which is in electronic form contained in an envelope marked ”UK 19”.
13. The Petitioner and his agents, particularly one Johnstone Muthama, have repeatedly engaged in hate speech and incitement in violation of the provisions of Article 33(2), the Electoral Code of Conduct and the National Cohesion and Integration Act so as to:
a. Undermine the electoral process
b. Compromise the fair adjudication of this petition; and
c. Subvert the free and sovereign will of the people of Kenya expressed on 4th March 2013.
I now produce a summary of news reports marked “UK 20” which identify instances of show the Petitioner inflaming and inciting public passions before and after the elections.
14. The public utterances by the Petitioner since the election when seen against the orders sought in the Petition are so broad and ungovernable that it appears to me that the Petitioner seems intent on provoking a constitutional leadership crisis that would enable him to negotiate his way to government. The utterances by the petitioner demonstrate beyond peradventure that he would only consider an election free, fair and democratic if he were declared the winner. I urge this Honourable Court to protect this nation by rejecting this irresponsible and unlawful attempt to secure power notwithstanding the resounding loss suffered at the General Elections.
Kenya’s election flaws demand answers
Peter Greste, AlJazeera
March 15, 2013
Last week’s elections in Kenya were supposed to be the make-or-break polls. It was the election that could go one of two ways – either plunging the country back into the dark days of early 2008 when, in the wake of the 2007 election, Kenyans began killing one another over the disputed results; or they would defy the critics, vote peacefully, and set the country firmly on a path towards economic progress and development.
In the end, it seems the nation went for the second option. In the days following the election, Kenyans rightly patted themselves on the back for defying their critics (and foreign journalists), by turning out in huge numbers (86 percent) and voting almost without throwing so much as an irritated slap.
In fact, the mood became so obsessed with “peace”, that anyone who questioned the process, or even vaguely implied that the country retains a capacity for fighting, got slapped down with howls of derision or accusations of “racism” and worse – “tribalism”.
All that seemed to confirm the “edge of the abyss” theory of the 2007/08 crisis; that Kenyans pushed themselves to the crumbling brink, stared into the yawning void, and realised that it wasn’t a place anyone wanted to return to.
Kenyan blogger and cartoonist Patrick Gathara brilliantly described the problem in this post in which he spoke of a collective fear of confronting the monsters that lurk beneath the national house.
What was true during polling day and the weeklong count that followed, now appears true in its aftermath. The problem lies in some disturbing inconsistencies that have emerged from the numbers produced by the Independent Elections and Boundaries Commission that ran the vote.
The CORD coalition whose candidate Raila Odinga came a clear second in the elections, first raised concerns in the days immediately following the poll. At first, most journalists – the local media in particular – seemed to dismiss the allegations as cheap politics; as an attempt to claw back victory from defeat, or at the very least deprive Odinga’s rival Uhuru Kenyatta of a first-round victory and force an expensive runoff that nobody but he wanted.
But then a group of civil society activists raised similar concerns, and a handful of people have started looking more closely at the data.
Human error and system failure?
CORD’s basic complaint is that the numbers simply don’t add up. Several constituencies recorded turnouts of greater than 100 percent (you need to do the sums yourself – some of the IEBC’s own calculations for turnout seem wrong); there are different figures for the numbers of registered voters in key constituencies across different documents, and so on. And, the coalition points to a catastrophic failure of several supposedly high-tech systems that were intended to guarantee a credible and transparent process, as evidence of serious problems. The coalition says those problems make it impossible to know whether the declared outcome really is the collective will of Kenyan voters.
CORD has gone a step further and alleged fraud, which on the evidence they’ve presented, looks to be a step too far. On the numbers alone, it’s impossible to know whether it was a deliberate attempt to fiddle the outcome, or simply a combination of human error and system failure.
But the discrepancies are disturbing enough to suggest that something has gone wrong with the process. And at the very least, they raise difficult questions that demand some answers. Inevitably, in such a massively complex process that requires exhausted humans to deal with long numbers, mistakes will creep into the system. Some errors are hardly surprising then, and in an election with a clear winner, those errors might not make any real difference to the outcome.
But although this election seemed to deliver a decisive victory to Uhuru Kenyatta, he still only managed to avoid a runoff by 0.07 percent of the vote. And with that crucial margin so paper-thin, all of a sudden the discrepancies that CORD is pointing to become hugely important.
Both CORD and the civil society coalition plan legal actions to challenge the integrity of the system, as is their right under the law. Both have been criticised for questioning an election that on the face of it seemed to go well. Yet both are also right in saying that for the sake of long-term stability, those issues need to be resolved, even if it means short-term disruptions.
Kenya might need to confront its demons once more.
http://sitroom.uchaguzi.co.ke/
My friend, whoever u r. it is called kundule ama mkundu wake not kolunde. in the same way, Uhuru remains a president-elect as validly declared by IEBC which has the authority to do so. until this is overturned by the supreme court, he remains the president to be and raila the presidential loser.
covering letter can never be called supporting documents. they could be blank papers or pieces of trash or falsehoods. and have u seen the rebuttal? why do u be patient for the court to decide!
mwaki acha mwaki mingi: kolunde is Dholuo for Swahili kundule. Also, that is not a covering letter but two full volumes of Raila’s affidavit. Go digital as your people claim and click on the claimed letter to read further.
The rebuttal and the rest are for the Supreme Court to deal with so acha mioto.
Raila: March of democracy can no longer be stopped in Kenya
Posted by Opinion Leaders on March 16, 2013
BY RAILA 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 the tensions generated by the stunning IEBC failures in the management of this most important election since independence, you have taken no actions which would imperil our peace.
These failures dwarf anything Kenyans have ever witnessed in any previous election.
But whether you were aggrieved or joyous, you have waited patiently to see the process to resolve this dispute played out as defined by our liberating new Constitution.
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 4th March 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 underway for the Supreme Court to legitimize 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 whom they want to lead the nation. And barring mass violence, there is no crime higher than subverting the outcome of a Presidential election.
What we are seeing in this electoral battle is the hidden struggle between the forces of change and of the status quo.
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.
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 who the perpetrators of that election crime were.
Had we done so, the IEBC would not have dared to conduct this election in the criminally negligent manner that it did.
Recognizing 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 tens of 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.
They failed to ensure or secure a free or fair election and no Government could lawfully be formed by or from the purported declaration of winner on 9th March, 2013, to the dishonor of the Kenyan people.
Between February and March, the IEBC tinkered with the final register severally, 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 elections 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 IEBC alone.
This clandestine arrangement of co-hosting databases is not permissible by law and indeed was not disclosed to the public or to us in the CORD Coalition.
Despite my agents regularly updating and complaining to the IEBC about the incidences of electoral frauds, malpractices and irregularities they discovered during the elections, the IEBC neglected, refused or failed to act.
Electronic voter identification kits were not functioning, officials and clerks had forgotten passwords, batteries were flat and kits were unable to charge among other impermissible reasons all of which could have been prevented by the IEBC.
This fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations affected, thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place.
Among the glaring anomalies which were observed in the process of manual tallying were:
(a) The result 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.
In specific instances, the results in Form 36 disclosed by IEBC were materially different from the results that were posted in the final tally of the presidential results.
There were several instances where registered voter numbers in polling stations were inflated in Form 34 contrary to what was contained in Form 36.
In most of those circumstances, more votes were cast than the total number of registered voters.
In other cases, there were more than two Form 36 reflecting different returns. In yet others, there were alterations in Form 36 without acknowledgment.
In yet other stations, there were different entries in two Forms 36 submitted in respect of the same constituency.
I have no hesitation whatsoever in lawfully challenging the election outcome. To do otherwise would be a betrayal of the new Constitution and therefore of everything that Kenyans hold dear.
They would forever lose their faith in elections and in democracy. That would mean they would be condemned to the rule of the few.
The multiple failures of the IEBC in fact reflect failures of so many of our new institutions. But the one institution in which all Kenyans still have faith is our new Judiciary.
It’s a faith based on their achievements in the last two years. In the new Kenya, the Courts have been vested with enormous powers, including the power to curb the unlawful use of authority by the Executive and of course the IEBC.
Let me conclude by saying that the March of Democracy can no longer be stopped in Kenya.
Our people have struggled too long and made too many gains in the last 20 years to be cowed into submission again.
We cannot begin what was supposed to be a new era, under a new constitution, in the same old ways.
Kenyans’ determination to uphold democracy is renowned around the world, and our African and international partners knew in 2007 that there would be prolonged instability if the last election outcome was let to stand.
But this time around, we have our own Supreme Court to resolve our election crisis. This is a historic case which is being watched all over Africa and the international community. Nothing like this has happened on our continent.
The new Constitution was not the beginning but the culmination of one great phase of the democratic struggle in Kenya. I am absolutely confident that the promise of that Constitution will be reinforced in the days to come by the Judges of the Supreme Court.
I have repeatedly indicated my commitment to respect and abide by the Supreme Court ruling. I invite my brother Uhuru to publicly do the same.
His joining me would strike a huge blow for the rule of law in Kenya and would also immediately reduce the tensions generated by this election outcome.
Thank you all. God bless Kenya.
Mutahi Ngunyi: Why the House of Mumbi Should Climb Down
Sunday, October 18, 2009
This is a letter to the ‘‘House of Mumbi’’, those of the GEMA community. I address you as the son of a ‘‘Mau Mau hustler’’.
I have three thoughts from my late father. When I was a boy, he gave me stories about a guy called Gikuyu and his girl, Mumbi. The two founded the tribe. They had nine girls or something like that. No son. And they lived happily there after. But I had questions about this romantic relationship. As a boy, I asked my father, who married the nine girls?
He kept quiet. Then I asked him; if they got children, who was their father? How was the tribe created? He got violent. In fact, he gave me a beating for asking questions ‘‘… without legs’’. But then later, I figured that may be he had no answer. Or may be there was a hidden secret in the tribe. I became curious. And so I began my boyish inquiry. If the only man in the tribe was Gikuyu, did he have children with his daughters?
This thought was appalling beyond. My father would have killed me for thinking so. I had to settle on a more acceptable deduction. That is: If Gikuyu had nine daughters, their children must have been fathered by other tribes. That is the Maasai, Ndorobo, Luo, Luhya, and all. But even this, my father would not accept. I had to rest my case.
Allow me now to interpret my boyish deductions. To reproduce your GEMA tribe, you have only two choices. One, you can choose the path of incest. This is the path of in-breeding and sin. Although shameful, it is the path you chose in 2007. And the results are obvious: Political incest can only produce mongoloids.
This is what you have in the coalition government. The second choice is the one taken by Gikuyu and Mumbi. They sent their daughters to breed with others. This is how the tribe survived. Your survival, therefore, depends on others; the Maasai, Ndorobo, Luo, Luhya and all. And, on this, the alternatives are zero.
My father’s second thought was given when I got circumcised. But not explicitly. He had a telephone at home; what you would call an antique today. As a way of controlling it, he locked it using a padlock from the government. He always carried the key. One day, he came home for lunch. He needed to call his boss badly.
Unfortunately, he had forgotten the key at the office. The man was disparate. And from the ‘‘kindness’’ of our hearts, my brother Peter and I decided to help. We tapped the phone for him. He watched in amazement as we handed the receiver for him to talk to the boss. When he finished his call, he stared at us with a ‘‘kali sana’’ face.
But instead of punishing us, he decided to remove the padlock for good. He knew we were smarter now. After all, we had just gotten circumcised. And this is how he gave us the second thought about the tribe. Explaining his frustration with the phone call, he told us that the Gikuyu had two categories of people; the ‘‘ahoi’’ and the ‘‘athomi’’. The ‘‘ahoi’’ were the poor.
In rural areas they walk around without shoes, their feet all cracked up. And in urban areas, they are the ‘‘shamba boys’’, the drivers and the cooks. As a driver, he told us he was in the urban group of ‘‘ahoi’’. The ‘‘athomi’’ were the educated and propertied. They were also arrogant, insensitive and ruthless.
This is why he needed to make the phone call; he had to drop their children somewhere. His point? The ‘‘athomi’’ did not think much of the ‘‘ahoi’’. They saw them as slaves of sorts. And this is how you must understand President Kibaki. Most of you follow him blindly. In fact, because you are in the ‘‘ahoi’’ group, he expects you to.
Unfortunately, and together with the ‘‘athomi’’, he dragged you into a state of civil war. They used you. And since the ‘‘athomi’’ are untouchable, you bore the brunt of the violence. Where are your IDPs today? In the meantime, you think the presidency is yours. Zero. It belongs to the ‘‘athomi’’.
Allow me to describe your position as ‘‘ahoi’’ using a story. A man set out on a journey through a thick forest full of thorns and rocks. Suddenly, an elephant appeared and gave him chase. He took off and went to hide in a well. To his horror, he saw a huge snake at the bottom of the well.
He had to cling to a thorny creeper that was growing around it. Looking up, he saw two mice chewing the creeper he was hanging on. But just as he was contemplating his next move, he saw a bee hive next to his mouth. Occasional drops of honey were trickling from the hive. And this man tested the honey. He got confused.
Although a kind man offered to help him out of his trouble, he refused. He wanted to be excused until he had enjoyed himself to the full. Not clever. Good people, you are behaving like this man. You have seen a bee hive dripping with honey.
And although you are hanging on a thin creeper between an angry elephant and a snake, you don’t care. You want to enjoy the honey, the presidency. Unfortunately, the creeper will snap and you will have to deal with the snake at the bottom of the well. On this, the choice is yours.
The third thought regards Mungiki. When my father joined Mau Mau, they called it a Mungiki-type movement. Yet it was a group of restless young people whose ‘‘wazees’’ had lost direction. I want to put it to you that you have no leadership. The ‘‘wazees’’ in your ranks have reached intellectual menopause. And in this state, they have exhibited unnecessary arrogance towards others.
As a shareholder in your tribe, I submit that you need new leadership. A leadership that will cause you to climb down in the interest of the country. One that is not beholden to the ‘‘athomi’’ and one that will respect the other communities.
ORARO & COMPANY: Raila Odinga’s lawyers
Meet The Team
The firm’s lawyers are among the best legal minds in the industry. The range and breadth of their expertise alongside the firm’s culture of collaborative thinking has ensured the delivery of excellent results and avant-garde solutions to the toughest legal challenges.
The firm’s partners have been ranked among the best in the world, in prestigious global rankings such as the Legal500 and Chambers & Partners (UK), who have continued to list Oraro & Company Advocates as a top-tier firm with experts in Corporate and Commercial Law.
The firm’s legal team currently comprises four partners: Senior and Founding Partner George Oraro; Managing Partner and Head of Litigation Chacha H. Odera; Partner and Head of the Commercial and Conveyancing Department Pamella Ager and Partners in the Litigation Department Walter Amoko and John Mbaluto.
Oraro & Company Advocates also employs four associates in its various departments. These are: Senior Associate Samuel Makori, Georgina Ogalo, Jackson Awele and Cindy Oraro.
In addition to its legal team, it has an invaluable support staff of thirty, who work in synergy with the firm’s legal practitioners to ensure that client’s objectives are met every time.
http://oraro.co.ke/meet-the-team-2/
How to Start a Revolution
Edited by Steven Bluen, Tipper, Eric, Jonathan E. and 46 others
There are times when it’s necessary to fight against things that have become so wrong that they should no longer be. Things that were once small that have become big, but are no less wrong, must be made small again; a revolution, or a complete circle, is needed. Whether you want freedom from another country , or you want to overthrow an oppressive government, every fight is the same. A revolution (from the Latin revolutio, “a turnaround”) is a significant change that usually occurs in a short period of time. Revolutions have happened throughout human history and vary widely in terms of methods, duration, motivating ideology, and the number of participating revolutionaries. Their results include major changes in culture, economy, and socio-political institutions.
Know your Goal. You are about to dedicate your life to this goal. Decide well and make your decision from the heart. A good question to ask yourself is, “What about the political system in which I live do I think is wrong? And what kind of system do I want to create for the people of my country?” Remember, the goal you chose is the Heart of your revolution.
Build Support and Consensus: Nothing is going to happen if the only rebels are you and your buddies. This is an important step and the setup for either a successful revolution or a small civilian rebellion flop. For the first part of this step you must build support by handing out flyers and pamphlets, by word of mouth and advertisements and through today’s technology. Do whatever it takes to get the word out of your revolution and build support. Once cultivated, your support doesn’t have to meet together or agree on actions or even know each other, but they must be united under a common goal and shared fundamental principles.
Educate yourself and others about every aspect of the idea of the revolution. Know what and why this fight must happen and how it can be won. Identify the goals and the most efficient means of achieving them without compromise. Appreciate and respect a diversity of tactics. The revolution must be directed towards making things better. This is what is called a “positive vector”.
Understand that one of the most important aspects of a revolution is that the people are angry. However, the cause for anger ought to be of true convictions, and in their anger there must also be discipline to their cause.
Put together intentions which must be very popular among the population. It must aim towards the improvement of certain aspects of society, economics, culture, or any other aspects of a social group. Appreciate and respect a diversity of tactics. As Egypt has shown us, the devil can be in the details, here — and your revolution can easily be co-opted. Recognize this as a sign that your idea was popular enough to attract attention, and be prepared to overcome attempted splintering.
Find like-minded people who are ready for action. Set up a field of communication. You must work in a non-hierarchical group in which all voices are equally heard. If you have even a small group dedicated to the same cause, it may be useful for someone to serve as a front woman/man; these should be humble people and they must not be identified as “the leader” or “the leaders,” but as individuals chosen because they reflect consensus.
Take Action. This is the most important step because the revolution dies without it. You must take action whether it is a nonviolent protest or a sit-in or a boycott. Your leader must motivate the support and dutifully work day and night to improve your Revolution. The power in place will defend itself, for that is the nature of power. Illegitimate “governments” are not happy about a rebellion from their people and will do anything to crush resistance. Remember that armed struggle is not an option. No matter how well armed or trained you are, you cannot withstand an organized country’s military – especially if a superpower and its allies are backing the regime in place. Last of all, do not let up. Often you may be discouraged by loss or lack of morale but remember, many other countries have revolted and after several losses still have still overcome overwhelming adversity. Remember, your goal is the heart of your operation, your consensus is the mind of the revolution, and the actions you and your support take are the hands of your revolution.
Work for collective liberation, because everyone’s liberation is tied to each other’s. If we are going to be free, we all need to be free. If we are to have a voice, all must have a voice.
Demonstrate the popularity of the movement to the people of power, legislature, and military. The greater the popularity among the society, the more the likelihood of violent repression is reduced.
Realize that a drastic political or social revolution is almost always about freedom. In general, revolutions are about major changes in some aspect of society. A peaceful revolution requires solidarity and agreement.
There is strength in numbers. The greater the mass and unity of the movement, the better chance of getting demands met.
Always use the truth, and never succumb to the temptations of power or money. Believe in your cause and in your power base. Revolution is belief.
You will benefit no one if you are just attempting to consolidate power or gain recognition only for yourself.
Keep your eye on the ‘big picture.’ Don’t drown yourself in the details.
To be successful, you need to be totally committed; compromise is failure.
Take input from others. Revolution can’t happen because of just one person; don’t be a vigilante.
A revolution is not about you, it’s about everyone collectively. Do not try to take fame.
Never let the purpose of the revolution be led by the will of a single person or group; adherents must be ruled only by their legitimate cause.
Have some idea about how you want society to look like after the revolution. If structures to take over are not in place innocent people might suffer.
As in many revolutions in the past, you could be killed in war, attacked, tortured, become a prisoner, etc. by people in power who are protecting their interests. But that does not mean the movement and cause cannot overcome if enough resolve is there. They are only methods those in power partake in to intimidate and try to put the fire of revolution out before it consumes them.
I almost conceded defeat, Raila says
Wednesday, March 20, 2013 – 00:00 — BY DAVID MWERE
Prime minister Raila Odinga has said that he almost conceded defeat in the recent presidential election but realized that it was wrong to do so.
“I was just about to do it but my sixth sense told me that it would be a very bad decision,” said Raila in reference to the disputed presidential results.
Raila, the Coalition for Reforms and Democracy (CORD) presidential candidate in the just concluded election said that it would have been a bad precedent for him to take such an idea.
Raila said that many Kenyans had sacrificed their lives for better leadership and democracy in the country that should not be flouted. He said that Cord will respect the ruling of the Supreme court that is set to hear the controversy surrounding the election of Uhuru Kenyatta.
“It dawned on me that democracy was on trial after the will of Kenyans was misappropriated by the body that is mandated to safeguard the interests of Kenyans,” said the PM when he addressed Nairobi Cord leaders yesterday.
Cord principals Vice president Kalonzo Musyoka and Trade Minister Moses Wetangula attended the meeting. Kalonzo said he was firmly in Cord and proposed that all parties affiliated to the coalition dissolve and form a formidable force that would rally behind the PM. “I would really love to see all Cord affiliates merge to form an outfit that would help Raila lead this country,” said Kalonzo.
He also called on Uhuru to own up and apologize to Kenyans for accepting results that had wrongly portrayed him the winner of the presidential elections. Wetangula said Cord will continue with its series of caucuses across the country.
IEBC’s Response to Raila Odinga’s Petition: http://www.iebc.or.ke/index.php/resources/downloads/category/response-to-petition
Can one blame the Kikuyu for being a little cocky in 2013? I cannot and you should not
Here is why:
-They have pulled two electoral cons in the last 10 years
-They have ruled Kenya for the last 25 of 50 years of “Independence”
-They are set to rule Kenya for another 10 years
-After Uhuru, they can still hand over to Mungai
-They have made peace with their Kalenjin arch-rivals
-They control 70% of Kenya’s wealth
-They are in charge of ministries that determine Kenya’s pulse
-They lead, others follow
– Kalenjin’s wont know they are watching in from the outside until the shutters are closed.
Kenya heading to (Jehanum) One greedy criminal Tribe Hijaking democracy by force >Why is Gema Raping Kenya Democracy?
http://www.capitalfm.co.ke/news/2013/03/state-warns-ministers-who-fail-to-quit/
Supreme Court of Kenya
The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the Kenyan Constitution. As the highest court in the nation, its decision’s are binding and set precedent on all other courts in the country.
The court comprises the Chief Justice of Kenya, who is the president of the Court, the Deputy Chief Justice of Kenya, who is the deputy to the Chief Justice and the vice-president of the court and five other judges. The Supreme Court is properly constituted for purposes of its proceedings when it has a composition of five judges.
Jurisdiction
It has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 and subject to clause (4) and (5) of Article 163 of the Constitution, appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.
Current Justices
The following are the current members of the Supreme Court[1]
• Chief Justice & President Of The Supreme Court Of Kenya: The Hon. Justice (Dr.) Willy Munyoki Mutunga, D. Jur., Sc, EGH
• Deputy Chief Justice & Deputy President Of The Supreme Court Of Kenya: Vacant
• Hon. Mr. Justice Philip Kiptoo Tunoi
• Hon. Justice (Prof.) Jackton Boma Ojwang
• Hon. Mr. Justice Mohamed Khadhar Ibrahim
• Hon. Justice (Dr.) Smokin Wanjala
• Hon. Lady Justice Njoki Susanna Ndung’u
From Wikipedia, the free encyclopedia
From a frustrated Kenyan on FB:
“Kenya needs action which will consolidate and expand reforms which are embodied in our 2010 constitution. This constitution is the product of decades of intense struggle and sacrifice. Our action must be well thought out. This can only be possible through the organisation of a popular movement, the organisation of a disciplined political party around a political programme able to unite and coordinate various forms of struggle and direct them towards a common goal.
The only way in which anyone can plan activity and produce a programme is through focused thinking — the development of change theory which, if it is properly worked out, does not hold back our practical activity but rather serves as a compass which enables us to move in the direction we want to go.”
Novelist Chinua Achebe dies, aged 82
Nigerian author recognised for key role in developing African literature has died in Boston, where he was working as a professor
guardian.co.uk, Friday 22 March 2013 11.55 GMT
Chinua Achebe, the Nigerian novelist seen by millions as the father of African literature, has died at the age of 82.
African papers were reporting his death following an illness and hospital stay in Boston this morning, and both his agent and his publisher later confirmed the news to the Guardian.Simon Winder, publishing director at Penguin, called him an “utterly remarkable man”.
“Chinua Achebe is the greatest of African writers and we are all desolate to hear of his death,” he said.
A novelist, poet and essayist, Achebe was perhaps best known for his 1958 novel Things Fall Apart, the story of the Igbo warrior Okonkwo and the colonial era, which has sold more than 10m copies around the world and has been published in 50 languages. Achebe depicts an Igbo village as the white men arrive at the end of the 19th century, taking its title from the WB Yeats poem, which continues: “Things fall apart; the centre cannot hold.”
“The white man is very clever. He came quietly and peaceably with his religion. We were amused at his foolishness and allowed him to stay. Now he has won our brothers and our clan can no longer act like one,” says Okonkwo’s friend, Obierika, in the novel.
Achebe won the Commonwealth poetry prize for his collection Christmas in Biafra, was a finalist for the 1987 Booker prize for his novel Anthills of the Savannah, and in 2007 won the Man Booker international prize. Chair of the judges on that occasion, Elaine Showalter, said he had “inaugurated the modern African novel”, while her fellow judge, the South African Nobel laureate Nadine Gordimer, said his fiction was “an original synthesis of the psychological novel, the Joycean stream of consciousness, the postmodern breaking of sequence”, and that Achebe was “a joy and an illumination to read”.
Nelson Mandela, meanwhile, has said that Achebe “brought Africa to the rest of the world” and called him “the writer in whose company the prison walls came down”.
The author is also known for the influential essay An Image of Africa: Racism in Conrad’s Heart of Darkness (1975), a hard-hitting critique of Conrad in which he says the author turned the African continent into “a metaphysical battlefield devoid of all recognisable humanity, into which the wandering European enters at his peril”, asking: “Can nobody see the preposterous and perverse arrogance in thus reducing Africa to the role of props for the break-up of one petty European mind?”
According to Brown University, where Achebe held the position of David and Marianna Fisher university professor and professor of Africana studies until his death, this essay “is recognised as one of the most generative interventions on Conrad; and one that opened the social study of literary texts, particularly the impact of power relations on 20th-century literary imagination”.
http://www.guardian.co.uk/books/2013/mar/22/novelist-chinua-achebe-dies
The Raping of democracy >Dictatorship Back in Kenya!BY Kikuyu-Ruling-class!
Ideal.